Crossrail Act 2008

• (5) If, in the case of works under sub-paragraph (1) at a place shown on the deposited plans, the works require the opening of an access onto, or the alteration of, a highway used by vehicular traffic, they shall be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker.

• (6) The only ground on which the highway authority may refuse to approve plans or specifications for the purposes of sub-paragraph (5) is that they ought to be modified to prevent or reduce—

• (a) injury to local amenity, or

• (b) prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

• (7) Works under sub-paragraph (1) may only be carried out at a place not shown on the deposited plans if the highway authority consents to the siting of the works, such consent not to be unreasonably withheld.

• (8) Works under sub-paragraph (1) at a place not shown on the deposited plans shall be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.

• (9) In considering whether to give its consent for the purposes of sub-paragraph (7), or approval for the purposes of sub-paragraph (8), in a case where the works require the opening of an access onto, or the alteration of, a highway used by vehicular traffic, the highway authority shall have regard, in particular, to effects on road safety and on the free flow of traffic in the local area.

• (10) If, on application by the nominated undertaker for the approval of plans or specifications under sub-paragraph (5) or (8), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans or specifications as submitted.

• (11) If a highway authority which receives an application for consent under sub-paragraph (7) fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.

• (12) Where an objection under sub-paragraph (3) leads to the carrying out of works under sub-paragraph (1) at a place not shown on the deposited plans, sub-paragraphs (5), (7) and (8) shall have effect in relation to them as if the place were shown on the deposited plans.

• (13) Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

Overhead line diversions

3

Without prejudice to paragraph 1(1)(f), the nominated undertaker may, for the purposes of or in connection with the works authorised by this Act, undertake the electric line diversions specified in the following table.

Mitigation and protection works

4

The nominated undertaker may within the limits of deviation for the scheduled works or within the limits of land to be acquired or used—

• (a) carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Act, and

• (b) carry out and maintain works for the benefit or protection of land affected by any of the works authorised by this Act.

Support of buildings

5

• (1) This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Act to support or strengthen a building within the relevant distance of the work.

• (2) The nominated undertaker may support or strengthen the building on giving at least 8 weeks' notice to the owners and occupiers of the building of its intention to do so.

• (3) If, within 21 days of the giving of a notice under sub-paragraph (2), the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.

• (4) If, under sub-paragraph (3), the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the supporting or strengthening is to be carried out.

• (5) Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

• (6) In case of emergency, the power conferred by sub-paragraph (2) or (5) shall be exercisable without notice.

• (7) For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—

• (a) any building within the relevant distance of any of the works authorised by this Act, or

• (b) any land adjacent to such a building (but not any building on any such land).

• (8) Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of “ nominated undertaker ”.

• (9) 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 the relevant distance of that work includes a reference to any building within the relevant distance of any point on the surface below which the work is situated,

• “notice” means notice in writing, and

• “relevant distance”, in relation to any work, means—where the work relates to an underground railway, 50 metres, andwhere it does not, 35 metres.

6

• (1) This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Act further to support or strengthen a building which has been supported or strengthened under paragraph 5.

• (2) The nominated undertaker may, at any time within the permitted period, further support or strengthen the building on giving at least 8 weeks' notice to the owners and occupiers of the building of its intention to do so.

• (3) If, within 21 days of the giving of a notice under sub-paragraph (2), the person to whom the notice has been given gives to the nominated undertaker notice disputing that this paragraph applies, the question of its application shall be referred to arbitration.

• (4) If, under sub-paragraph (3), the arbitrator decides that this paragraph does apply, he shall, if one of the parties to the dispute so requires, prescribe how the supporting or strengthening is to be carried out.

• (5) Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

• (6) In case of emergency, the power conferred by sub-paragraph (2) or (5) shall be exercisable without notice.

• (7) For the purpose of deciding how to exercise its powers under this paragraph, the nominated undertaker may at any reasonable time enter and survey—

• (a) any building which has been supported or strengthened under paragraph 5, or

• (b) any land adjacent to such a building (but not any building on any such land).

• (8) Section 6 of the Acquisition of Land Act 1981 (c. 67) (service of documents) shall apply to the service of notices under this paragraph with, in subsection (4), the substitution for the words from “authority” to “document is to be served” of “ nominated undertaker ”.

• (9) In sub-paragraph (2), the reference to the permitted period is to the period beginning with the completion of the supporting or strengthening under paragraph 5 and ending 5 years after the date on which the work which necessitated the supporting or strengthening was brought into general use.

• (10) In this paragraph, “notice” means notice in writing.

7

• (1) Where the nominated undertaker exercises any power under paragraph 5 or 6, it shall compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power.

• (2) Any dispute as to a person's entitlement to compensation under sub-paragraph (1), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

• (3) Nothing in this paragraph shall affect liability to pay compensation under section 6 of the Railways Clauses Consolidation Act 1845 (c. 20), as incorporated with this Act, or section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (1).

Discharge of water

8

• (1) The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the works authorised by this Act and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, make connections with the watercourse, sewer or drain.

• (2) The nominated undertaker shall not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but shall not be unreasonably withheld.

• (3) The nominated undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the person to whom the sewer or drain belongs, but such approval shall not be unreasonably withheld.

• (4) The nominated undertaker shall not, in the exercise of the powers conferred by this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river.

• (5) The nominated undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

• (6) This paragraph does not authorise the doing of anything prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 (c. 57) (offences of polluting controlled waters).

• (7) Any dispute as to the giving of consent under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

• (8) In this paragraph—

• (a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, an urban development corporation, a Mayoral development corporation or a harbour authority within the meaning of the Harbours Act 1964 (c. 40),

• (b) “watercourse” includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain, and

• (c) other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meanings as in that Act.

Entry for preparatory purposes

9

• (1) The nominated undertaker may, for the purposes of this Act—

• (a) survey or investigate any land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used or which may be affected by the works authorised by this Act,

• (b) without prejudice to the generality of paragraph (a), make trial holes in such positions as it thinks fit on any such land to investigate the nature of the surface layer and subsoil and remove soil samples,

• (c) without prejudice to the generality of paragraph (a), carry out archaeological investigations on any such land,

• (d) take steps to protect or remove any flora or fauna on any such land which may be affected by the carrying out of the works authorised by this Act,

• (e) place on, leave on and remove from any such land apparatus for use in connection with the exercise of any of the powers conferred by paragraphs (a) to (d), and

• (f) enter on any such land for the purpose of exercising any of the powers conferred by paragraphs (a) to (e).

• (2) No land may be entered, or equipment placed or left on or removed from land, under sub-paragraph (1) unless at least 7 days' notice has been served on every owner and occupier of the land.

• (3) The power conferred by paragraph (f) of sub-paragraph (1) includes power to enter with such vehicles and equipment as are necessary for the purpose of exercising any of the other powers conferred by that sub-paragraph.

• (4) Any person exercising the power conferred by sub-paragraph (1)(f) on behalf of the nominated undertaker shall, if requested to do so, produce written evidence of his authority.

• (5) This paragraph shall not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority, but such consent shall not be unreasonably withheld.

• (6) Any dispute as to the giving of consent under sub-paragraph (5) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

• (7) The nominated undertaker shall compensate the owners and occupiers of land in respect of which the powers conferred by this paragraph are exercised for any loss which they may suffer by reason of the exercise of those powers.

• (8) Any dispute as to a person's entitlement to compensation under sub-paragraph (7), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Temporary interference with waterways

10

• (1) The powers conferred by this paragraph shall be exercisable in relation to the following waterways for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works—

• the River Thames,

• the River Lea,

• West India Dock North and South,

• Poplar Cut,

• the Grand Union Canal,

• the Regent's Canal,

• Bellmouth Passage,

• City Mill River, and

• Frays River.

• (2) The nominated undertaker may—

• (a) temporarily interfere with a waterway mentioned in sub-paragraph (1) at any point within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient,

• (b) temporarily moor or anchor barges or other vessels or craft in a waterway mentioned in sub-paragraph (1), or

• (c) temporarily close a waterway mentioned in sub-paragraph (1), or a part of such a waterway, to navigation.

• (3) The power conferred by sub-paragraph (2)(c) shall be exercised in a way which secures—

• (a) that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and

• (b) that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.

• (4) The nominated undertaker shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any interference in accordance with this paragraph with a public right of navigation.

• (5) The nominated undertaker shall compensate any person who suffers loss as a result of any interference in accordance with this paragraph with a private right of navigation.

• (6) Any dispute as to a person's entitlement to compensation under sub-paragraph (5), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

SCHEDULE 3

Stopping-up

1

• (1) The nominated undertaker may, in connection with the construction of the works authorised by this Act, stop up each of the highways or parts of highways specified in the following table.

• (2) No highway or part of a highway specified in columns (1) and (2) of Part 1 of the following table shall be stopped up under this paragraph unless all the land which abuts on it falls within one or more of the following categories, namely—

• (a) land to which there is no right of access directly from the highway or part to be stopped up,

• (b) land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,

• (c) land the owners and occupiers of which have agreed to the stopping up of the highway or part, and

• (d) land which is in the possession of the Secretary of State.

• (3) No highway or part of a highway specified in columns (1) and (2) of Part 2 of the following table shall be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to scheduled works, until—

• (a) where the new highway is provided in exercise of the powers conferred by this Act, the later of the date of practical completion and the date on which it is first open for public use, and

• (b) where it is not, the date on which it is first open for public use.

• (4) Where a new highway specified in column (3) of Part 2 of the following table is provided in exercise of the powers conferred by this Act, the date of practical completion of the highway, or the date on which it is first open for public use, shall be taken for the purposes of sub-paragraph (3) to be what it is taken to be for the purposes of paragraph 11(2).

(1)	(2)
Area	Highway or part to be stopped up
City of Westminster	Footpath within Westbourne Green Sports Complex between points P5, P6 and P7North-eastern side of Eastbourne Terrace within extent of narrowing shown on the deposited plansFalconberg Court
London Borough of Camden	Andrew Borde Street
London Borough of Islington	Cowcross Street between points P1 and P2
City of London	Hayne Street between points P3 and P4Fore Street Avenue between points P1 and P2Moorfields between points P2 and P3
London Borough of Tower Hamlets	Fulbourne Street between points P1 and P2Court Street between points P3 and P4Wood's Buildings between points P5 and P6South-eastern side of Durward Street within the extent of narrowing shown on the deposited plans between points P2 and P7Garden Street between points P5 and P6Eleanor Street between points P1 and P2
London Borough of Greenwich	Bostall Manorway between points P3 and P4Abbey Terrace between points P5 and P6
London Borough of Havering	Footpath (FP 123) between Beechfield Gardens and Nursery Walk
(1)	(2)
---	---
Area	Highway or part to be stopped up
City of Westminster	Westbourne Park Passage within the limits of deviation of Work No. 1/9C
	Westbourne Park Passage within the limits of deviation of Work No. 1/9D
London Borough of Tower Hamlets	Footpath between Stepney Way and Stepney Green between points P1, P2 and P3 and between points P2 and P4
London Borough of Newham	Footpaths between the Excel Centre and Victoria Dock Road between points P1, P2, P3, P4, P5, P6, P7, P8 and P9 and between points P6 and P11
	Footpath between Albert Road and Factory Road between points P1 and P2
	Barbers Road between points P1 and P2
	Pudding Mill Lane between points P3 and P4
	Marshgate Lane within the relevant limits
	Footpath (Greenway) between points P6, P7, P8, P9, P10, P11, P12 and P13 and between points P9 and P11
London Borough of Greenwich	Footpath on eastern side of Church Manor Way between points P1 and P2
	Footpath between Mottisfont Road and Bostall Manor Way between points P1 and P2
London Boroughs of Greenwich and Bexley	Footpaths over Abbey Wood Station between points P7, P8, P9, P10 and P11 and between points P11 and P12
	Felixstowe Road within the relevant limits
London Borough of Bexley	Gayton Road
London Borough of Barking & Dagenham	Footpath on eastern side of Whalebone Lane South between points P1 and P3
London Borough of Havering	Footpath adjacent to bus stand, Atlanta Boulevard
County of Berkshire, Borough of Slough	Hollow Hill Lane between points P1 and P2
County of Buckinghamshire, District of South Bucks, Parish of Iver	Thorney Lane South between points P1 and P2
London Borough of Hillingdon	Footpath and cycleway (Kingston Lane) between points P1 and P2
	Old Stockley Road between points P1 and P2

2

• (1) The nominated undertaker may, in connection with the construction of the works authorised by this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is—

• (a) within the limits of deviation for the scheduled works or within the limits of land to be acquired or used, and

• (b) not specified in columns (1) and (2) of the table in paragraph 1.

• (2) The power conferred by sub-paragraph (1) shall not be exercised unless the proposed stopping up has been confirmed by the appropriate Ministers upon application by the nominated undertaker.

• (3) The appropriate Ministers shall grant an application under sub-paragraph (2) if, but only if, they are satisfied—

• (a) that an alternative bridleway or footpath has been provided,

• (b) that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or

• (c) that the provision of an alternative bridleway or footpath is not required.

• (4) Where the appropriate Ministers grant an application under sub-paragraph (2), they shall notify the nominated undertaker of the basis on which the application is granted.

• (5) Where the basis on which an application under sub-paragraph (2) is granted is that an alternative bridleway or footpath will be provided, the proposed stopping up shall not take place until the alternative has been provided.

• (6) Before making an application under sub-paragraph (2), the nominated undertaker shall publish in at least one local newspaper circulating in the relevant area a notice—

• (a) specifying—

• (i) the bridleway or footpath, or part, proposed to be stopped up,

• (ii) what, if any, alternative bridleway or footpath is proposed, and

• (iii) if no alternative is proposed, the reasons why,

• (b) specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of publication of the notice (“the publication date”),

• (c) stating that any person may within that period make representations about confirmation under sub-paragraph (2) of the proposed stopping up, and

• (d) specifying the manner in which such representations may be made.

• (7) Not later than the publication date, the nominated undertaker shall—

• (a) serve a copy of the notice, together with any map or plan to which it refers, on every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and

• (b) cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.

• (8) Before granting an application under sub-paragraph (2), the appropriate Ministers shall consider any representations made to them in accordance with the nominated undertaker's notice which have not been withdrawn.

• (9) Unless they direct otherwise, the appropriate Ministers' functions in relation to an application under sub-paragraph (2) shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

• (10) In sub-paragraph (6), references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.

• (11) In sub-paragraph (7)(a), “local authority” means—

• (a) the council of a county, district, parish or London borough,

• (b) the Common Council of the City of London,

• (c) the London Fire Commissioner,

• (d) a joint authority established by Part 4 of the Local Government Act 1985 (c. 51),

• (e) a housing action trust established under Part 3 of the Housing Act 1988 (c. 50), and

• (f) the parish meeting of a rural parish not having a separate parish council.

• (12) In this paragraph, references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport and, in relation to the carrying out of any functions, are to those Ministers acting jointly.

3

• (1) On a highway or part of a highway being stopped up under paragraph 1 or 2—

• (a) all rights of way over or along it shall be extinguished, and

• (b) the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land which he owns.

• (2) The nominated undertaker shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.

• (3) Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

• (4) The Secretary of State shall not be entitled to any mines or minerals under land which he is entitled to appropriate and use under sub-paragraph (1)(b), with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Act.

• (5) Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (regulation of the working of mines or minerals underlying an authorised undertaking) shall apply in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) with the following modifications—

• (a) references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised to carry on by this Act,

• (b) in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority shall be construed as references to the nominated undertaker, and

• (c) in paragraph 6, the first of the references to the acquiring authority shall be construed as a reference to the nominated undertaker.

Permanent obstruction

4

• (1) The powers conferred by paragraph 1 or 4 of Schedule 2 may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.

• (2) Any dispute with a highway authority under sub-paragraph (1) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

• (3) If a highway authority which receives an application for consent under sub-paragraph (1) fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted it.

Temporary interference

5

• (1) For the purposes of the works authorised by this Act, the nominated undertaker may—

• (a) temporarily stop up or alter or divert any highway or part of a highway,

• (b) for any reasonable time divert traffic from, and prevent persons passing along, any highway or part of a highway, and

• (c) break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it).

• (2) The nominated undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers conferred by sub-paragraph (1) if there would otherwise be no such access.

• (3) Before exercising the powers conferred by sub-paragraph (1) in relation to a highway and to an extent specified in the following table, the nominated undertaker shall consult the highway authority about the exercise of the powers.

(1)	(2)	(3)
Area	Highway or part to be stopped up	Extent of temporary stopping up
City of Westminster	Westbourne Park Passage	Between points T1 and T2
	Harrow Road	Between points T1 and T2
	Westbourne Park Villas	Between points T3 and T4
	Bishop's Bridge Road	Within the relevant limits
	Eastbourne Terrace	Entire length
	Cleveland Terrace	Within the relevant limits
	Chilworth Street	Within the relevant limits
	South Wharf Road	Within the relevant limits
	Praed Street	Within the relevant limits
	Craven Road	Within the relevant limits
	Westbourne Terrace	Within the relevant limits
	Chilworth Mews	Entire length
	Eastbourne Mews	Entire length
	Spring Street	Between points T1 and T2
	Bayswater Road	Between points T1 and T2
	Park Lane	Between points T4 and T5 on Sheet No. 8 of the deposited Plans and points T5 and T6 on Sheet No. 42 of the deposited Plans
	Pedestrian subway between western and eastern sides of Park Lane	Between points T1, T2 and T3
	Weighhouse Street	Between points T1 and T2
	Gilbert Street	Between points T1 and T3
	St. Anselm's Place	Entire length
	Davies Street	Within the relevant limits
	South Molton Lane	Between points T4 and T5
	Stratford Place	Within the relevant limits
	Marylebone Lane	Within the relevant limits
	Dering Street	Within the relevant limits
	New Bond Street	Within the relevant limits
	Brook Street	Within the relevant limits
	Tenterden Street	Entire length
	Hanover Square	Entire length
	Princes Street	Within the relevant limits
	St George Street	Within the relevant limits
	Wardour Street	Between points T5 and T6
	Hollen Street	Within the relevant limits
	Sheraton Street	Within the relevant limits
	Oxford Street	Within the relevant limits
	Newman Street	Within the relevant limits
	Great Chapel Street	Entire length
	Diadem Court	Entire length
	Fareham Street	Entire length
	Dean Street	Within the relevant limits
	Soho Square	Between points T1 and T2
	Carlisle Street	Entire length
	Falconberg Mews	Entire length
	Sutton Row	Entire length
	Greek Street	Within the relevant limits
	Manette Street	Entire length
	Goslett Yard	Entire length
City of Westminster and London Borough of Camden	Tottenham Court Road	Within the relevant limits
	Charing Cross Road	Within the relevant limits
	St Giles Circus	Entire length
London Borough of Camden	New Oxford Street	Within the relevant limits
	Earnshaw Street	Entire length
	Denmark Street	Entire length
	Denmark Place	Between points T5 and T6
	St Giles High Street	Between points T3 and T4
	Fisher Street	Entire length
	Southampton Row	Between points T1 and T2
	Catton Street	Entire length
	Red Lion Square	Between points T3 and T4
	Drake Street	Between points T5 and T3
London Boroughs of Camden and Islington	Farringdon Road	Within the relevant limits
City of London	Farringdon Street	Within the relevant limits
	West Smithfield	Within the relevant limits
	Snow Hill	Within the relevant limits
	Long Lane	Within the relevant limits
	Lindsey Street	Entire length
	Hayne Street	Between points T3 and P4
	Aldersgate Street	Within the relevant limits
	Eldon Street	Entire length
	London Wall	Within the relevant limits
	Fore Street Avenue	Between points T1 and T2
	Silk Street	Within the relevant limits
	Moor Lane	Between points T3 and T4
	Moorfields	Entire length
	Moor Place	Entire length
	Keats Place	Entire length
	Moorgate	Within the relevant limits
	Finsbury Circus	Within the relevant limits
	Circus Place	Entire length
	Blomfield Street	Entire length
	Broad Street Avenue	Entire length
	Liverpool Street	Entire length
	Old Broad Street	Within the relevant limits
	Wormwood Street	Entire length
	Bishopsgate	Within the relevant limits
	Camomile Street	Within the relevant limits
	Grand Avenue	Within the relevant limits
	Eldon Street	Within the relevant limits
London Boroughs of Islington and Camden and City of London	Charterhouse Street	Within the relevant limits
London Borough of Islington and City of London	Charterhouse Square	Entire length
	Carthusian Street	Entire length
	Ropemaker Street	Within the relevant limits
	South Place	Entire length
London Borough of Islington	St John Street	Within the relevant limits
	Finsbury Pavement	Within the relevant limits
	Finsbury Street	Within the relevant limits
	Fox & Knot Street	Entire length
	Turnmill Street	Within the relevant limits
	Cowcross Street	Between points P2 and T1
London Borough of Tower Hamlets	Princelet Street	Between points T1 and T2
	Hanbury Street	Between points T3 and T4
	Vallance Road	Between points T3 and T4 and points T5 and T6
	Whitechapel Road	Within the relevant limits
	Spelman Street	Within the relevant limits
	Durward Street	So much as is not permanently stopped up within the extent of narrowing shown on the deposited plans
	Court Street	Between points T9 and P3
	Castlemaine Street	Between points T7 and T8
	Fulbourne Street	Between points P1 and T10
	Winthrop Street	Entire length
	Brady Street	Within the relevant limits
	Stepney Green	Between points T1 and T2 and within the relevant limits
	Garden Street	T3 and P5
	White Horse Lane	Within the relevant limits
	Stepney High Street	Within the relevant limits
	Stepney Way	Within the relevant limits
	Commercial Road	Between points T1 and T2
	Mile End Road	Within the relevant limits
	Footpath between Cheshire Street and Fleet Street Hill	Between points T1 and T2
	Brady Street	Within the relevant limits
	Tapp Street	Between points T5 and T6
	Collingwood Street	Between points T7 and T8
	Hemming Street	Between points T9 and T10
	Cudworth Street	Between points T6, T8 and T2
	Coventry Road	Between points T1 and T2
	Buckhurst Street	Between points T3 and T4
	Cambridge Heath Road	Within the relevant limits
	Braintree Street	Within the relevant limits
	Mantus Road	Between points T5 and T6
	Globe Road	Between points T7 and T8
	Bancroft Road	Between points T9 and T10
	Morpeth Street	Within the relevant limits
	Longnor Road	Between points T1 and T2
	Grove Road	Within the relevant limits
	Burdett Road	Within the relevant limits
	Eleanor Street	Within the relevant limits
	Rounton Road	Between points T3 and T4
	Wick Lane	Within the relevant limits
	Wrexham Road	Between points T9 and T10
	Blackwall Tunnel Northern Approach Road	Between points T3 and T4, points T5 and T6, points T7 and T8 and points T11 and T12
	Bow Road	Between points T12 and T13
	Payne Road	Between points T11 and T13
	West India Dock Road	Between points T1 and T2
London Borough of Newham	Lower Lea Crossing	Between points T1 and T2
	Victoria Dock Road	Between points T1, T2 and T3
	Freemasons Road	Within the relevant limits
	North Woolwich Road	Within the relevant limits
	Footpath FP 108 between Festoon Way and Connaught Bridge	Between points T1 and T2 and points T3 and T4
	Footpath between Connaught Road and Factory Road	Within the relevant limits
	Connaught Bridge	Within the relevant limits
	Connaught Road	Within the relevant limits
	Albert Road	Within the relevant limits
	Factory Road	Within the relevant limits
	Store Road	Entire length
	Pier Road	Within the relevant limits
	Bankside footpath on the eastern side of the River Lea	Within the relevant limits
	Barbers Road / Cook's Road	Between points T3 and P1
	Pudding Mill Lane	Between points T4 and P3 and points P4 and T5
	Footpath (Greenway) adjacent to Marshgate Lane on northern side of the railway	Between points T6 and T7 and points T6 and T8
	Footpath adjacent to City Mill River	Between points T9 and T11
	Footpath (Greenway) on eastern side of City Mill River	Between points T12 and T13 and points P13, T10 and T13
	Marshgate Lane	Between points T1 and T2
	Manor Park Road	Between points T1 and T2
	Lugg Approach	Within the relevant limits
	Goodmayes Road	Within the relevant limits
London Borough of Greenwich	Warren Lane	Within the relevant limits
	Beresford Street	Within the relevant limits
	Plumstead Road	Within the relevant limits
	Gunning Street	Within the relevant limits
	Reidhaven Road	Within the relevant limits
	White Hart Road	Within the relevant limits
	Marmadon Road	Within the relevant limits
	Church Manor Way	Within the relevant limits
	Mottisfont Road	Within the relevant limits
	Bostall Manorway	Within the relevant limits
London Boroughs of Greenwich and Bexley	Felixstowe Road	Within the relevant limits
	Harrow Manorway	Within the relevant limits
London Borough of Bexley	Wilton Road	Within the relevant limits
	Florence Road	Within the relevant limits
	Fendyke Road	Within the relevant limits
	Alsike Road	Within the relevant limits
	Footpath FP 3 adjacent to River Thames at Manor Wharf, Belvedere	Between points T1, T2 and T3 and points T4 and T2
	Footpath FP 4 between Norman Road and the footpath FP 3 adjacent to River Thames at Manor Wharf, Belvedere	Between points T4 and T5 and points T6 and T7
London Borough of Redbridge	Goodmayes Road	Within the relevant limits
London Borough of Barking & Dagenham	Valence Avenue	Within the relevant limits
	Saville Road	Within the relevant limits
London Boroughs of Barking & Dagenham and Havering	Crow Lane	Within the relevant limits
London Borough of Havering	Nursery Walk and FP 127	Within the relevant limits
	London Road	Within the relevant limits
	Jutsums Lane	Within the relevant limits
	Footpath FP 123 within Jutsums Recreational Ground	Within the relevant limits
	Cambridge Avenue	Between points T1 and T2
	Oldchurch Road	Within the relevant limits
	Waterloo Road	Within the relevant limits
	Exchange Street	Within the relevant limits
	Havanna Close	Within the relevant limits
	Eastern Road	Within the relevant limits
	Atlanta Boulevard	Within the relevant limits
	Footpath FP 128 between Exchange Street and The Battis	Between points T1 and T2
	South Street	Within the relevant limits
	Crossways	Within the relevant limits
	Upper Brentwood Road	Within the relevant limits
	Southend Arterial Road Footway	Within the relevant limits
	Station Road	Within the relevant limits
County of Essex, Borough of Brentwood	Hunter Avenue	Within the relevant limits
	Alexander Lane	Within the relevant limits
County of Essex, District of Basildon	Footpath FP 136 between the Meads and Terminus Drive	Within the relevant limits
County of Berkshire, Royal Borough of Windsor & Maidenhead	Silco Drive	Within the relevant limits
	Shoppenhanger's Road	Between points T1 and T2
	Station Approach	Within the relevant limits
County of Berkshire, Borough of Slough	Burnham Lane	Within the relevant limits
	Dover Road	Within the relevant limits
	Leigh Road	Between points T1 and T2
	Farnham Road (A355)	Between points T1 and T2
	Stoke Poges Lane	Within the relevant limits
	Footpath and steps within Salt Hill Pleasure Grounds	Within the relevant limits
	William Street	Within the relevant limits
	Wexham Road	Within the relevant limits
	Uxbridge Road	Within the relevant limits
	Middlegreen Road	Between points T1 and T2
	St. Mary's Road	Within the relevant limits
	Trenches Bridge footpath (FP 47a) and cycleway	Within the relevant limits
	Hollow Hill Lane	Within the relevant limits
	Market Lane	Within the relevant limits
County of Buckinghamshire, District of South Bucks, Parish of Iver	Bathurst Walk	Within the relevant limits
	Footpath FP 16 between Colne Valley Way and Court Lane	Within the relevant limits
London Borough of Hillingdon	Weirside Gardens	Within the relevant limits
	Horton Bridge Road	Between points T1 and PI
	Kingston Lane	Between points T2 and P2
	Stockley Road	Between points T1 and T2
	Station Road, Hayes	Within the relevant limits
	Subway between Blyth Road and Station Approach	Between points T1 and T2
	Station Approach	Entire length
	Keith Road	Within the relevant limits
	Nestle's Avenue	Within the relevant limits
London Borough of Ealing	Footpath FP 112 between Park Avenue and Merrick Road	Within the relevant limits
	Golden Manor	Within the relevant limits
	Alwyne Road	Within the relevant limits
	Manor Road	Within the relevant limits
	Haven Green	Within the relevant limits
	The Mall	Within the relevant limits
	Noel Road	Within the relevant limits
	Twyford Avenue	Within the relevant limits
	Oakley Avenue	Within the relevant limits
	Horn Lane	Within the relevant limits

• (4) The purpose of consultation under sub-paragraph (3) shall be to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience.

• (5) Before exercising the powers conferred by sub-paragraph (1) in relation to a highway, or to an extent, not specified in the table in sub-paragraph (3), the nominated undertaker shall obtain the consent in writing of the highway authority.

• (6) Consent under sub-paragraph (5) shall not be unreasonably withheld, but may be given subject to such conditions as the highway authority may reasonably require in the interest of public safety or convenience.

• (7) If a highway authority which receives an application for consent under sub-paragraph (5) fails to notify the applicant of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted the application.

• (8) Sub-paragraph (7) shall have effect in relation to an application for consent which relates to a GLA side road (within the meaning of the Road Traffic Regulation Act 1984 (c. 27)) or a road which is designated under section 60(1) or 61(1) of the Traffic Management Act 2004 (c. 18) (roads in Greater London which are strategic roads) with the substitution for “28” of “ 42 ”.

• (9) Any dispute with a highway authority about consent under sub-paragraph (5) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

• (10) It is hereby declared for the avoidance of doubt that there is no need to reinstate a highway or part of a highway in relation to which any of the powers conferred by sub-paragraph (1) has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power conferred by paragraph 1(1) or 2(1).

Working sites in highways

6

Any highway or part of a highway which is stopped up under paragraph 5(1)(a) may be used as a working site if it is within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

Street works

7

• (1) The nominated undertaker may, for the purposes of the works authorised by this Act, enter upon any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used and—

• (a) place, maintain or alter, or change the position of, apparatus in it,

• (b) remove apparatus from it, and

• (c) execute any works required for, or incidental to, any works authorised by paragraph (a) or (b).

• (2) In this paragraph, “apparatus” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22).

8

• (1) Works to which sub-paragraph (2) below applies shall be treated for the purposes of Part 3 of the New Roads and Street Works Act 1991 (street works) as major transport works if—

• (a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works), or

• (b) they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the Highways Act 1980 (c. 66).

• (2) This sub-paragraph applies to any works executed under this Act in relation to a highway which consists of or includes a carriageway, other than those executed under power delegated to a highway authority by an agreement under paragraph 14(2) below.

Construction

9

• (1) Where under this Act the nominated undertaker—

• (a) constructs a new highway, or

• (b) alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991,

the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.

• (2) Where work to which sub-paragraph (1) applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.

• (3) If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—

• (a) issue a certificate under that sub-paragraph, or

• (b) notify the nominated undertaker of its decision to refuse to issue such a certificate,

it shall be deemed to have issued such a certificate at the end of that period.

• (4) Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

10

• (1) Sub-paragraph (2) applies where under this Act the nominated undertaker—

• (a) realigns a highway which is constituted by or comprises a carriageway, or

• (b) constructs a new highway which is constituted by or comprises a carriageway.

• (2) The realignment, or construction, shall be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker, such approval not to be unreasonably withheld.

• (3) Any dispute with a highway authority under sub-paragraph (2) shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

• (4) If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have approved the plans, sections or specifications as submitted.

Maintenance

11

• (1) Sub-paragraph (2) applies where under this Act the nominated undertaker—

• (a) constructs a new highway, or

• (b) alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991 (c. 22).

• (2) Unless otherwise agreed between the nominated undertaker and the highway authority, the new or altered highway shall be maintained by and at the expense of the nominated undertaker for a period of 12 months from the later of—

• (a) the date of practical completion, and

• (b) the date on which it is first open for public use;

and after the end of that period shall be maintained by and at the expense of the highway authority.

• (3) Where in relation to a highway to which sub-paragraph (2) applies the highway authority is satisfied that the highway is practically complete or is open for public use, it shall, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.

• (4) If the highway authority refuses a request to issue a certificate under sub-paragraph (3), or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

• (5) For the purposes of sub-paragraph (2), the date of practical completion of a highway, or the date on which it is first open for public use, shall be taken to be—

• (a) where the date has been determined under sub-paragraph (4), the date so determined, and

• (b) where it has not, the date certified under sub-paragraph (3).

• (6) Sub-paragraph (2) shall not have effect to impose any obligation in relation to—

• (a) the structure of any bridge carrying a highway over any railway of the nominated undertaker, or

• (b) the structure of any tunnel carrying a highway under any such railway.

• (7) Nothing in this paragraph shall prejudice the operation of section 87 of the New Roads and Street Works Act 1991 (c. 22).

12

Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845 (c. 20), as incorporated with this Act, the nominated undertaker 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 to any such highway.

Bridges carrying highways

13

Each of sections 116 and 117 of the Transport Act 1968 (c. 73) (duties as respects bridges carrying highways over railways) shall apply as if the nominated undertaker were one of the boards mentioned in that section.

Agreements with highway authorities etc.

14

• (1) Where under this Schedule the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into agreements with the persons having the charge, management or control of the highway concerning the construction (or contribution towards the expenses of construction) of—

• (a) any new highway to be provided in substitution,

• (b) any alteration of the existing highway, and

• (c) any other related matters.

• (2) The nominated undertaker 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 nominated undertaker is responsible for maintaining the new or altered highway (or bridge), the power to maintain it.

Use of subsoil

15

• (1) The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Act so much of the subsoil of any highway within the limits of deviation for the scheduled works or within the limits of land to be acquired or used as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest in it.

• (2) The power conferred by sub-paragraph (1) shall not be exercisable in relation to the subsoil of a highway within the limits of land to be acquired or used, but outside the limits of deviation for the scheduled works, if the highway is comprised in land specified in the following table.

(1)	(2)
Area	No. on deposited plans
City of Westminster	30d, 38, 81, 85, 112, 115, 117, 120, 121, 213, 218, 340, 341, 416, 417, 419, 420, 423, 447, 448, 449, 453, 454, 455, 548, 549, 549a, 551, 566, 595, 598, 600, 666, 684, 685, 689, 690 and 691
London Borough of Camden	1, 3, 5, 7, 10, 11, 13, 30, 31, 32, 153, 154, 155, 279, 281, 282 and 283
London Borough of Islington	1, 3, 4, 13, 24, 25, 34, 90, 92, 93, 94, 95 and 99
City of London	1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36, 52, 53, 55a, 71, 72, 73, 74, 80a, 81, 101, 102, 103, 108, 113, 115, 125, 136, 138, 143, 159, 160 and 161
London Borough of Tower Hamlets	224, 224a, 225, 225b, 227a, 250, 252, 252a, 252b, 269, 280, 281, 290, 293, 294, 391, 393, 396, 398, 664, 820, 988, 990, 991, 993, 1135, 1145, 1247c, 1295, 1412a, 1413a, 1421, 1421b, 1423a, 1445 and 1446
London Borough of Newham	8, 76, 155, 164, 189, 193, 205, 206, 258, 259, 260, 278, 288, 366, 379, 565, 619 and 670
London Borough of Greenwich	3, 5, 15, 31e, 35a, 100, 101, 104, 109, 125, 125a, 130, 138, 144, 155, 159, 164, 169, 173, 182, 187 and 227
London Borough of Bexley	28, 64 and 68
London Borough of Redbridge	26 and 41
London Borough of Barking & Dagenham	17 and 18
London Borough of Havering	2, 11, 12, 24, 105, 117, 120, 134, 138, 140, 149, 154, 164 and 194
Borough of Brentwood	24 and 52
District of Basildon	13 and 14
Borough of Slough	14, 20, 22, 23, 32, 53, 56, 60, 113, 162, 168 and 253a
London Borough of Hillingdon	97, 98, 115, 116 and 211b
London Borough of Ealing	9, 62, 62a, 88, 125, 144, 159, 160, 164, 177, 183 and 186

• (3) In the case of a highway comprised in land specified in the table in columns (1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as falls within the description specified in relation to the land in column (3) of the table.

• (4) In the case of a highway comprised in land specified in the table in paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.

• (5) For the avoidance of doubt, it is hereby declared that the restrictions imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-paragraph (1) do not affect the power conferred by paragraph 7(1).

SCHEDULE 4

Scope of Schedule

1

This Schedule applies to any electric line to which section 37(1) of the Electricity Act 1989 (c. 29) would apply, but for section 4.

Consent requirement

2

• (1) An electric line to which this Schedule applies shall not be installed or kept installed above ground except in accordance with a consent granted by the appropriate Ministers.

• (2) Any person who without reasonable excuse contravenes the provisions of sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) No proceedings shall be instituted in respect of an offence under this paragraph except by or on behalf of the Secretary of State.

Applications for consent

3

• (1) An application for consent under this Schedule shall be in writing and shall state—

• (a) the length of the electric line to which it relates,

• (b) the nominal voltage of that line, and

• (c) whether the application to any extent relates to exercise of the power conferred by paragraph 3 of Schedule 2.

• (2) An application for consent under this Schedule shall be accompanied by a map showing—

• (a) the land across which the electric line to which it relates is to be installed or kept installed, including details of the route of that line,

• (b) the limits of deviation for the scheduled works and the limits of land to be acquired or used, so far as relevant to the application, and

• (c) if the application to any extent relates to exercise of the power conferred by paragraph 3 of Schedule 2, the extent to which it so relates.

4

An application for consent under this Schedule shall be supplemented, if the appropriate Ministers so direct in writing, by such additional information as may be specified in the direction.

Publicity

5

• (1) A person applying for consent under this Schedule shall publish notice of the application in two successive weeks in one or more local newspapers circulating in the area in which the land to which the application relates is situated (or in areas which together include that area).

• (2) A notice under sub-paragraph (1) shall—

• (a) describe the route of the electric line to which the application relates,

• (b) specify a place in the locality where a copy of the application may be inspected,

• (c) state a time (not being less than 14 days from the date of publication) within which, and the manner in which, objections to the application may be made to the appropriate Ministers, and

• (d) if it relates to an application by the nominated undertaker, explain the effect of paragraph 8(2)(b).

• (3) Sub-paragraph (1) shall not apply to an application for consent under this Schedule which relates only to exercise of the power conferred by paragraph 3 of Schedule 2.

• (4) If an application for consent under this Schedule relates partly to exercise of the power conferred by paragraph 3 of Schedule 2, so much of the application as relates to exercise of that power shall be disregarded for the purposes of sub-paragraphs (1) and (2).

• (5) If an application for consent under this Schedule is one in relation to which the applicant is subject to a duty under sub-paragraph (1), the appropriate Ministers shall not make any decision about the application until they are satisfied—

• (a) that the applicant has performed his duty under that provision, and

• (b) that the time allowed by the notice under that provision for making objections to the application has expired.

Consultation

6

• (1) Within 14 days of receiving an application for consent under this Schedule, the appropriate Ministers shall invite the relevant planning authority to make representations and shall not make any decisions about the application until—

• (a) they have received representations from the authority about it,

• (b) they have been informed by the authority that it does not wish to make any representations about it, or

• (c) 28 days have elapsed since the date of the invitation.

• (2) An invitation under sub-paragraph (1) shall specify the time limit for making representations.

• (3) For the purposes of this paragraph, the relevant planning authority is—

• (a) in the case of a line in the area of a unitary authority, the local planning authority, and

• (b) in the case of a line not in the area of a unitary authority, the district planning authority.

7

• (1) If the appropriate Ministers consider that an application for consent under this Schedule relates to matters which may affect—

• (a) nature conservation,

• (b) the conservation of the natural beauty or amenity of the countryside, or

• (c) a site of archaeological or historic interest,

they shall, within 14 days of receiving the application, also invite the appropriate body or bodies to make representations.

• (2) Where under sub-paragraph (1) the appropriate Ministers have invited a body to make representations about an application for consent under this Schedule, they shall not make any decision about the application until—

• (a) they have received representations from the body about the request,

• (b) they have been informed by the body that it does not wish to make any representations about the request, or

• (c) 14 days have elapsed since the date of the invitation.

• (3) An invitation under sub-paragraph (1) shall specify the time limit for making representations.

• (4) For the purposes of this paragraph, the following are appropriate bodies in relation to the following matters—

Matter	Body
Nature conservation.	Natural England.
Conservation of the natural beauty or amenity of the countryside.	Natural England.
Sites of archaeological or historic interest.	The Historic Buildings and Monuments Commission for England.

Grant of consent

8

• (1) This paragraph applies to an application for consent under this Schedule by the nominated undertaker.

• (2) An application to which this paragraph applies may only be refused—

• (a) to the extent that it relates to exercise of the power conferred by paragraph 3 of Schedule 2, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits specified, in relation to the diversion concerned, in the third column of the table in paragraph 3 of Schedule 2, and

• (b) to the extent that it does not relate to the exercise of that power, on the ground that the electric line ought to, and could reasonably, be installed elsewhere within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

9

A consent under this Schedule may include such conditions (including conditions as to the ownership and operation of the electric line to which it relates) as appear to the appropriate Ministers to be appropriate.

Variation and revocation of consent

10

• (1) A consent under this Schedule may be varied or revoked by the Secretary of State at any time after the end of such period as may be specified in the consent.

• (2) The period which may be specified under sub-paragraph (1) shall not be less than 10 years from the date of installation of the electric line to which the consent relates.

Duration of consent

11

Subject to paragraph 10, a consent under this Schedule shall continue in force for such period as may be specified in or determined by or under the consent.

Interpretation

12

In this Schedule, references to the appropriate Ministers are to the Secretary of State for Energy Security and Net Zero and the Secretary of State for Transport acting jointly.

SCHEDULE 5

Occupation and use for construction of works

1

• (1) The nominated undertaker may, in connection with the construction of the works specified in column (1) of the following table (or any works which are necessary or expedient for the purposes of or in connection with those works)—

• (a) enter upon and take possession of the land specified in relation to those works in columns (2) and (3) of that table for such purposes as are so specified in column (4) of that table, and

• (b) for such purposes as are so specified—

• (i) remove from the land any structure or vegetation, and

• (ii) construct on the land temporary works (including the provision of means of access) and structures.

(1)	(2)	(3)	(4)
Works	Area	Number of land shown on deposited plans	Purpose for which temporary possession may be taken
1/3A and 1/3B	City of Westminster	217	The provision of a working site.
1/3A and 1/3B		451	The provision of a working site.
1/3A and 1/3B		692	The provision of a working site.
1/9D		30c	The provision of a working site.
1/3A and 1/3B	City of London	104a and 104b	The provision of a working site.
1/3A and 1/3B		104c	The provision of a working site.
Proposed Whitechapel Station comprised in Works Nos. 1/3A and 1/3B	London Borough of Tower Hamlets	245b	The provision of access for construction.
Any of the works authorised by this Act	London Borough of Tower Hamlets	972 and 976	The provision of access and a working site.
Any of the works authorised by this Act		753, 774, 775, 788, 789 and 796	The provision of access and barge loading facilities.
1/7, 1/33A and 1/33B	London Borough of Greenwich	160, 165 and 170	The provision of a working site.
Any of the works authorised by this Act	London Borough of Bexley	83a	The provision of a working site.
The provision of overhead electrification equipment and works to Maidenhead Bridge	Royal Borough of Windsor & Maidenhead	62 and 72	The provision of a working site and access for construction.
3/3A	Borough of Slough	81	The provision of access and a working site.
3/6		172 and 173	The provision of a working site.
3/7A and 3/7B		187	The provision of a working site.
The provision and renewal of railway systems and station facilities for operational purposes (Ealing Broadway Station)	London Borough of Ealing	111	The provision of a working site.

• (2) Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

• (3) The nominated undertaker may not remain in possession of any land under this paragraph after the end of the period of one year beginning with the date of completion of the works specified in relation to the land in column (1) of the table in sub-paragraph (1) unless the owners of the land agree.

• (4) The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the power or powers conferred by this paragraph.

• (5) Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

• (6) Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4).

• (7) In this paragraph, “structure” includes any erection.

2

• (1) Before giving up possession of land of which possession has been taken under paragraph 1, the nominated undertaker shall, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

• (2) If, in relation to any land of which possession has been taken under paragraph 1, no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion of the works specified in relation to the land in column (1) of the table in paragraph 1(1), the scheme shall be such as may be determined by the appropriate Ministers after consultation with the nominated undertaker, the owners of the land and the relevant planning authority.

• (3) Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) shall provide for land to be restored to its former condition.

• (4) Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) shall not provide for the nominated undertaker to replace any structure removed under paragraph 1, other than a fence.

• (5) Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2), they may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.

• (6) The duty under sub-paragraph (1) in relation to any land shall be owed separately to the owners of the land and to the relevant planning authority.

• (7) Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—

• (a) enter the land concerned and take that step, and

• (b) require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a).

• (8) In this paragraph—

• “appropriate Ministers” means the Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport acting jointly;

• “relevant planning authority” means—in relation to land in the area of a unitary authority, the local planning authority;in relation to land not in the area of a unitary authority, the district planning authority;

• “structure” includes any erection.

3

• (1) The nominated undertaker may use any road situated on land specified in the table in paragraph 8 of Schedule 6 for the passage of persons or vehicles (with or without materials, plant and machinery) for the purpose of or in connection with the construction of the works authorised by this Act.

• (2) The nominated undertaker shall compensate the person having the management of a road to which sub-paragraph (1) applies for any loss which he may suffer by reason of the exercise of the power conferred by that sub-paragraph.

• (3) Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of such compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Occupation and use for maintenance of works

4

• (1) At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may—

• (a) enter upon and take possession of any land which is—

• (i) within 20 metres from that work, and

• (ii) within the limits of deviation for the scheduled works or the limits of land to be acquired or used,

if such possession is reasonably required for the purpose of or in connection with maintaining the work or any ancillary works connected with it, and

• (b) construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required.

• (2) Sub-paragraph (1) shall not authorise the nominated undertaker to take possession of—

• (a) a house, any other structure which is for the time being occupied, or a garden belonging to a house,

• (b) land specified in the table in paragraph 8, 9, 11(1) or 12 of Schedule 6, or

• (c) such of the land specified in columns (1) and (2) of the table in paragraph 10 of Schedule 6 as falls outside the description specified in relation to it in column (3) of the table.

• (3) Not less than 28 days before entering upon and taking possession of land under this paragraph, the nominated undertaker shall give notice to the owners and occupiers of the land of its intention to do so.

• (4) The nominated undertaker may only remain in possession of land under this paragraph for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.

• (5) Before giving up possession of land of which possession has been taken under this paragraph, the nominated undertaker shall restore the land to the reasonable satisfaction of the owners of the land.

• (6) The nominated undertaker shall pay compensation to the owners and occupiers of land of which possession is taken under this paragraph for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by this paragraph.

• (7) Any dispute as to a person's entitlement to compensation under sub-paragraph (6), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

• (8) Nothing in this paragraph shall affect any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (c. 56), as applied to the acquisition of land under section 6(1), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (6).

• (9) In this paragraph—

• (a) “the maintenance period”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use;

• (b) “structure” includes any erection;

• (c) any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.

Suspension of private rights of way

5

• (1) Subject to sub-paragraph (2), all private rights of way over land of which the nominated undertaker takes possession under paragraph 1 or 4 above shall be suspended and unenforceable for as long as it remains in lawful possession of the land.

• (2) The nominated undertaker may, in relation to a right of way, by direction provide—

• (a) that sub-paragraph (1) shall not apply to the right, or

• (b) that sub-paragraph (1) shall apply to the right only to such extent as may be specified in the direction.

• (3) The nominated undertaker shall compensate any person who suffers loss by reason of the suspension of any right under sub-paragraph (1).

• (4) Any dispute as to a person's entitlement to compensation under sub-paragraph (3), or as to the amount of the compensation, shall be determined under and in accordance with Part 1 of the Land Compensation Act 1961 (c. 33).

Enforcement

6

Section 13 of the Compulsory Purchase Act 1965 (c. 56) (refusal to give possession to acquiring authority) applies for the purposes of this Schedule as if—

• (a) references to the acquiring authority were references to the nominated undertaker,

• (b) references to compensation payable to the person refusing to give possession were references to compensation payable under this Schedule, and

• (c) in subsection (1) for “this Act” there were substituted “ Schedule 5 to the Crossrail Act 2008” ”.

SCHEDULE 6

Part 1 — Purposes for which certain land may be acquired

Part 2 — Application of legislation relating to compulsory purchase

Lands Clauses Consolidation Act 1845

1

The Lands Clauses Consolidation Act 1845 (c. 18) shall not apply to the acquisition of land under section 6(1) above.

Compulsory Purchase Act 1965

2

Part 1 of the Compulsory Purchase Act 1965 (c. 56), so far as not inconsistent with this Act, shall apply to an acquisition of land under section 6(1) as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 (c. 67) applies and as if this Act were a compulsory purchase order under that Act.

3

• (1) In its application by virtue of paragraph 2, the Compulsory Purchase Act 1965 shall have effect with the following modifications.

• (2) Section 4 (time for exercise of powers of compulsory purchase) shall be omitted.

• (3) Section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than 14 days' notice) shall have effect—

• (a) in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of “ one month's ”, and

• (b) in any other case, with the substitution for “fourteen days” of “ three months' ”.

• (4) In section 22(2) (expiry of time limit for exercise of power of compulsory acquisition not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” there shall be substituted “ section 6(6) of the Crossrail Act 2008 ”.

• (5) In Schedule 3 (alternative procedures for obtaining right of entry), paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.

Compulsory Purchase (Vesting Declarations) Act 1981

4

The Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66) shall apply as if this Act were a compulsory purchase order.

5

• (1) In its application by virtue of paragraph 4, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.

• (2) In section 3 (preliminary notices) for subsection (1) there shall be substituted—

(1) Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is— (a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and (b) published in the London Gazette.

• (3) In that section, in subsection (2), for “(1)(b)” there shall be substituted “ (1) ”.

• (4) In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted—

(7) For the purposes of this section, a person has a relevant interest in land if— (a) he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or (b) he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.

• (5) In section 5 (earliest date for execution of declaration)—

• (a) in subsection (1), after “publication” there shall be inserted “ in the London Gazette ”, and

• (b) subsection (2) shall be omitted.

• (6) References to the Compulsory Purchase Act 1965 (c. 56) shall be construed as references to that Act as applied to the acquisition of land under section 6(1).

Part 3 — Supplementary provisions

Acquisition of new rights

6

• (1) The power conferred by section 6(1) shall include power to create and acquire such easements or other rights over land to which the power relates as may be required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail.

• (2) Part 1 of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 6(1), and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1)—

• (a) with the modifications specified in paragraph 7, and

• (b) with such other modifications as may be necessary.

7

• (1) The modifications referred to in paragraph 6(2)(a) are as follows.

• (2) For section 7 of the Compulsory Purchase Act 1965 there shall be substituted—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had, not only to the extent (if any) to which the value of the land over which the right is purchased is depreciated by the acquisition of the right, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (3) In section 8 of that Act (provisions as to divided land) for subsection (1) there shall be substituted—