Legalize / United Kingdom / Public General Act

Crossrail Act 2008

Type Public General Act

Publication 2008-07-22

Last updated 2024-10-30

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) a lease, or any other interest in a lease, is granted by a taxable public body to an exempt public body in accordance with provision contained by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act in a transfer scheme.

(2) Section 783(4) of ICTA is to be disregarded and the transfer or grant is to be treated as made without any capital sum having been obtained in respect of the interest or lease by the transferor or grantor.

(3) Expressions used in this paragraph and in sections 781 to 785 of ICTA have the same meanings in this paragraph as in those sections.

Part 4 — Transfers from exempt public bodies to taxable public bodies

Meaning of “relevant transfer” in Part 4 of Schedule

26

In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from an exempt public body to a taxable public body.

Capital allowances: transfer of plant or machinery

27

(1) This paragraph applies where—

(a) there is a relevant transfer of plant or machinery,

(b) the plant or machinery would have been treated for the purposes of CAA 2001 (had the transferor incurred expenditure qualifying for allowances under Part 2 of that Act on the provision of the plant or machinery) as disposed of by the transferor to the transferee on the transfer taking effect, and

(c) the transfer scheme in accordance with which the transfer is made contains provision for the transferee to be treated for the purposes of that Act as having incurred capital expenditure of an amount specified in or determined in accordance with the scheme on the provision of the plant or machinery.

(2) For the purposes of CAA 2001—

(a) the transferee is to be treated as having incurred capital expenditure of that amount on the provision of the plant or machinery for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(b) the property is to be treated as belonging to the transferee as a result of the transferee having incurred that expenditure, and

(c) in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be treated for the purposes of sections 181(1) and 182(1) of that Act as being incurred by the giving of a consideration consisting in a capital sum of that amount.

(3) The provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision for a determination—

(a) to be made by the Secretary of State in a manner described in the scheme,

(b) to be made by reference to factors so described or to the opinion of a person so described, and

(4) The consent of the Treasury is required for the making or modification of a determination under the provision mentioned in sub-paragraph (1)(c).

(5) The consent of the transferee is required for the modification of a determination under the provision mentioned in sub-paragraph (1)(c).

(6) As to the making of a determination or a modification of a determination under the provision mentioned in sub-paragraph (1)(c), see further paragraph 43.

(7) Expressions used in this paragraph and in Part 2 of CAA 2001 have the same meanings in this paragraph as in that Part.

Capital allowances: determination of capital value of industrial buildings etc.

28

(1) This paragraph applies where there is a relevant transfer of the relevant interest in an industrial building or structure and the transfer scheme in accordance with which the transfer is made contains provision specifying for the purposes of section 311 of CAA 2001—

(a) the amount to be taken as the amount of the residue of qualifying expenditure immediately after the event, and

(b) the period to be taken as the period from the date of the event to the end of the period of 25 years beginning with the day on which the building or structure was first used.

(2) For the purposes of that section—

(a) the transfer is to be treated as the occurrence of a relevant event,

(b) the residue of qualifying expenditure immediately after the event is to be taken to be the amount specified by virtue of sub-paragraph (1)(a), and

(c) the period from the date of the event to the end of the period of 25 years beginning with the day on which the building or structure was first used is to be taken to be the period specified by virtue of sub-paragraph (1)(b).

(3) Expressions used in this paragraph and in Part 3 of CAA 2001 have the same meanings in this paragraph as in that Part.

Part 5 — Other provisions concerning transfers between public bodies

Meaning of “relevant transfer” in Part 5 of Schedule

29

In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from a public body to another public body.

Trading losses: change in ownership

30

(1) This paragraph applies to a relevant transfer of all the issued share capital of a company (the “transferred company”).

(2) For the purposes of Chapters 2 to 5 of Part 14 of CTA 2010, the transfer is not to be taken to result in a change in the ownership of—

(a) the transferred company, or

(b) a company which is a wholly-owned subsidiary of the transferred company when the transfer takes effect.

Chargeable gains: degrouping charges

31

(1) This paragraph applies if a company (“the degrouped company”)—

(a) acquired an asset from another company at a time when both were members of the same group of companies (“the old group”),

(b) ceases by virtue of a relevant transfer to be a member of the old group, and

(2) Section 179 of TCGA 1992 (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3) Where sub-paragraph (2) has applied to an asset, section 179 of TCGA 1992 is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of the new group otherwise than by virtue of a relevant transfer as if—

(a) the degrouped company, and

(b) the company from which it acquired the asset,

had been members of the new group at the time of acquisition.

(4) If, disregarding any preparatory transactions, a company would be regarded by virtue of a relevant transfer—

(a) as ceasing to be a member of a group of companies for the purposes of section 179 of TCGA 1992 (and, accordingly, of this paragraph), or

(b) as becoming a member of a group of companies for the purposes of this paragraph,

it is to be regarded for those purposes as so doing by virtue of the relevant transfer and not by virtue of any preparatory transactions.

(5) In this paragraph “preparatory transactions” means anything done under or by virtue of this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question.

(6) Expressions used in this paragraph and in section 179 of TCGA 1992 have the same meanings in this paragraph as in that section.

Stamp duty

32

(1) Stamp duty is not to be chargeable—

(a) on a transfer scheme in the case of which the transferor and each transferee is a public body, or

(b) on an instrument certified by the Secretary of State to the Commissioners for Her Majesty's Revenue and Customs as made for the purposes of such a transfer scheme, or as made for purposes connected with such a transfer scheme.

(2) But where, by virtue of sub-paragraph (1), stamp duty is not chargeable on a scheme or instrument, the scheme or instrument is to be treated as duly stamped only if—

(a) in accordance with section 12 of the Stamp Act 1891 (c. 39) it has been stamped with a stamp denoting either that it is not chargeable to duty or that it has been duly stamped, or

(b) it is stamped with the duty to which it would be chargeable apart from sub-paragraph (1).

(3) In this paragraph “instrument” has the same meaning as in the Stamp Act 1891.

Part 6 — Transfers etc involving private persons

Meaning of “relevant transfer” in Part 6 of Schedule

33

In this Part of this Schedule “relevant transfer” means a transfer, in accordance with a transfer scheme, from or to a person other than a public body.

Transfers of trading stock

34

(1) This paragraph applies if under a relevant transfer trading stock of the transferor is transferred to the transferee.

(2) Sub-paragraphs (3) and (4) have effect in computing for any corporation tax or income tax purpose both the profits of the trade in relation to which the stock is trading stock immediately before the transfer takes effect (“the transferor's trade”) and—

(a) if the stock falls immediately after the transfer takes effect to be treated as trading stock of the transferee, the profits of the trade in relation to which it falls to be treated as trading stock (“the transferee's trade”);

(b) otherwise, the consideration given by the transferee, or the expenditure incurred by the transferee, for the acquisition of the stock.

(3) The stock must be taken to have been—

(a) disposed of by the transferor in the course of the transferor's trade,

(b) if sub-paragraph (2)(a) applies, acquired by the transferee in the course of the transferee's trade, and

(4) The value of the stock is to be taken to be—

(a) if consideration is given to the transferor in respect of the transfer, an amount equal to the value of the consideration, or

(b) if no such consideration is given, nil.

(5) For the purposes of this paragraph consideration given to a person connected with the transferor is to be treated as given to the transferor.

(6) In this paragraph “trading stock” has the meaning given by section 174 of ITTOIA 2005 (as respects income tax) or section 163 of CTA 2009 (as respects corporation tax).

(7) For the purposes of this paragraph whether a person is connected with another person is determined in accordance with section 1122 of CTA 2010 (as respects corporation tax) or section 993 of ITA 2007 (as respects income tax).

Capital allowances: determination of disposal value of plant or machinery

35

(1) This paragraph applies to a relevant transfer of plant or machinery which is a disposal event for the purposes of Part 2 of CAA 2001 (capital allowances for plant and machinery).

(2) For the purposes of the application of section 61 of that Act (disposal events and disposal value) in relation to the transferor, the disposal value of the plant or machinery is to be treated—

(a) if a capital sum is received by the transferor by way of consideration or compensation in respect of the transfer, as an amount equal to that sum, or

(b) if no such sum is received, as nil.

(3) For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor.

(4) Section 88 of CAA 2001 (sales at an undervalue) is to be disregarded.

(5) This paragraph is subject to sections 63(5) and 68 of CAA 2001.

Capital allowances: determination of disposal value of fixtures

36

(1) This paragraph applies to a relevant transfer if—

(a) it is a disposal event for the purposes of Part 2 of CAA 2001, and

(b) by virtue of the transfer a person is treated by section 188 of that Act as ceasing to own a fixture.

(2) For the purposes of the application of section 196 of that Act in relation to the transferor, the disposal value of the fixture is to be treated—

(a) if a capital sum is received by the transferor by way of consideration or compensation in respect of the transfer, as an amount equal to that portion of that sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of Part 2 of that Act as expenditure incurred by that person on the provision of the fixture, or

(b) if no such sum is received, as nil.

(3) For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor.

(4) This paragraph is subject to section 63(5) of CAA 2001.

Capital allowances: section 265 of CAA 2001 not to apply in relation to transferee

37

(1) This paragraph applies in relation to a relevant transfer.

(2) For the purposes of the application of Part 2 of CAA 2001 in relation to the transferee, section 265 of that Act (successions: general) is to be disregarded.

Capital allowances: determination of capital value of industrial buildings etc.

38

(1) This paragraph applies for the purposes of Part 3 of CAA 2001, and the other provisions of that Act which are relevant to that Part, in relation to a relevant transfer of the relevant interest in an industrial building or structure.

(2) This paragraph is subject to section 36 of FA 2007 (which makes provision about balancing adjustments etc under Part 3 of CAA 2001).

(3) The transfer is to be treated as a sale of that relevant interest.

(4) The net proceeds of that sale are to be treated—

(a) if a capital sum is received by the transferor by way of consideration or compensation in respect of the transfer, as an amount equal to that sum, or

(b) if no such sum is received, as nil.

(5) For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor.

(6) Sections 567 to 570 of CAA 2001 (sales treated as being for alternative amount) are not to have effect in relation to that sale.

Chargeable gains: disposals not to be treated as made at market value

39

(1) Section 17 of TCGA 1992 (disposals and acquisitions treated as made at market value) is not to have effect in relation to—

(a) a disposal constituted by a relevant transfer,

(b) a disposal to which sub-paragraph (2) applies, or

but this sub-paragraph does not apply if the person making the disposal is connected with the person making the acquisition.

(2) This sub-paragraph applies to a disposal if—

(a) it is made in accordance with provision contained in a transfer scheme by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act,

(b) the person making the disposal or the person to whom the disposal is made is a person other than a public body, and

(3) If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—

(a) in a case where consideration in money or money's worth is given by the person making the acquisition or on his behalf in respect of the vesting of the asset in him, for a consideration equal to the amount or value of that consideration, or

(b) in a case where no such consideration is given, for a consideration of nil.

Loan relationships

40

(1) Section 444 of CTA 2009 (transactions not at arm's length) is not to have effect where, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship.

(2) Expressions used in this paragraph and in Part 5 of CTA 2009 have the same meanings in this paragraph as in that Part.

Part 7 — Other provisions concerning transfers

Chargeable gains: value shifting

41

No transfer scheme is to be regarded as a scheme or arrangement for the purposes of section 30 of TCGA 1992.

Group relief

42

The power of the Secretary of State to make a transfer scheme is not to be regarded as constituting—

(a) arrangements falling within section 154(3) or 155(3) of CTA 2010 (arrangements for transfer of company to another group or consortium), or

(b) option arrangements for the purposes of section 173 of CTA 2010.

Modification of transfer schemes and determinations under paragraph 9(1)(d) or 27(1)(c): companies

43

(1) This paragraph applies if—

(a) a company delivers a company tax return,

(b) subsequently, an event mentioned in sub-paragraph (2) below occurs, and

(2) The events are—

(a) the making of an agreement modifying a transfer scheme under paragraph 15 of Schedule 12 to this Act;

(b) a determination or modification of a determination under the provision mentioned in paragraph 9(1)(d) or 27(1)(c) above.

(3) The return may be amended under paragraph 15 of Schedule 18 to FA 1998 so as to remedy the error, ignoring any time limit which would otherwise prevent that happening.

(4) But an amendment may not be made in reliance on sub-paragraph (3) above more than 12 months after the end of the accounting period of the company during which (as the case may be)—

(a) the agreement is made, or

(b) the determination or modification of a determination is made.

(5) Sub-paragraphs (6) and (7) below apply if the company does not amend the return so as to remedy the error before the end of that 12 month period.

(6) A discovery assessment or a discovery determination may be made in relation to the error, ignoring any time limit which would otherwise prevent that happening.

(7) But such an assessment or determination may not be made in reliance on sub-paragraph (6) above more than 24 months after the end of the accounting period mentioned in sub-paragraph (4) above.

(8) Expressions used in this paragraph and in Schedule 18 to FA 1998 have the same meaning in this paragraph as in that Schedule.

Modification of transfer schemes: other persons and partnerships

44

(1) This paragraph applies if—

(a) a person delivers a return under section 8, 8A or 12AA of TMA 1970,

(b) subsequently, an agreement is made modifying a transfer scheme under paragraph 15 of Schedule 12 to this Act, and

(2) The return may be amended under section 9ZA or 12ABA of TMA 1970 so as to remedy the error, ignoring any time limit which would otherwise prevent that happening.

(3) But an amendment may not be made in reliance on sub-paragraph (2) above more than 12 months after the end of the year of assessment during which the agreement modifying the transfer scheme is made.

(4) If the return is amended under section 12ABA in reliance on sub-paragraph (2) above, subsection (3) of that section applies, ignoring any time limit which would otherwise prevent the officer from proceeding under that subsection.

(5) Sub-paragraphs (6) and (7) below apply if the return is not amended under section 9ZA or 12ABA so as to remedy the error before the end of the 12 month period mentioned in sub-paragraph (3) above.

(6) An officer of Revenue and Customs may proceed under section 29(1) or 30B(1) and (2) of TMA 1970 in relation to the error, ignoring any time limit which would otherwise prevent the officer from so proceeding.

(7) But an assessment or an amendment may not be made in reliance on sub-paragraph (6) above more than 24 months after the end of the year of assessment mentioned in sub-paragraph (3) above.

Power to make further provision in relation to transfer schemes

45

(1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time (including by virtue of this Schedule) in relation to—

(a) any property, rights or liabilities transferred in accordance with a transfer scheme, or

(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with a transfer scheme.

(2) The provision that may be made under sub-paragraph (1)(a) includes, in particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;

(b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.

(3) The provision that may be made under sub-paragraph (1)(b) includes, in particular, provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;

(b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or to be treated in a specified way;

(c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.

(4) Regulations under sub-paragraph (1) may amend this Schedule (apart from this paragraph).

(5) Regulations under sub-paragraph (1) may—

(a) make such supplementary, incidental or consequential provision as the Treasury think fit, and

(b) make different provision for different cases.

(6) The power to make regulations under sub-paragraph (1) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(7) In this paragraph references to any property, rights or liabilities transferred in accordance with a transfer scheme include references to any property, rights or liabilities transferred, or any interests, rights or liabilities created, by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act.

(8) In this paragraph references to the transfer of any property, rights or liabilities in accordance with a transfer scheme include references to the transfer of any property, rights or liabilities, or the creation of any interests, rights or liabilities, by virtue of paragraph 4, 6 or 12 of Schedule 12 to this Act.

(9) In this paragraph—

“relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax, and

“tax provision” means a provision of an enactment about a relevant tax.

(10) In sub-paragraph (9) “enactment” includes an enactment contained in an instrument made under an Act.

(11) Paragraph 20(3) of Schedule 12 to this Act applies for the purposes of this paragraph as it applies for the purposes of that Schedule.

Consequential amendment

46

In section 35(3)(d) of TCGA 1992 (no gain no loss disposals), after sub-paragraph (xvii) insert—

(xviii) paragraph 11 or 22 of Schedule 13 to the Crossrail Act 2008.

SCHEDULE 14

Ecclesiastical law

1

(1) No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land shall have effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works.

(2) Sub-paragraph (1) shall not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.

Overground wires

2

Nothing in the London Overground Wires &c. Act 1933 (c. xliv), or in any bye-law made under that Act, shall extend or apply to any wires or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Act.

London Squares Preservation Act 1931

3

(1) Nothing in section 3 of the London Squares Preservation Act 1931 (c. xciii) (protection of squares) shall have effect in relation to anything done for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works.

(2) Nothing in any agreement under section 9 of that Act (agreements between local authority and owner of a protected square) shall have effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works.

London Building Acts (Amendment) Act 1939

4

(1) The following provisions of the London Building Acts (Amendment) Act 1939 (c. xcvii) shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act—

(a) Part 3 (construction of buildings and structures generally),

(b) Part 4 (construction of special and temporary buildings and structures), and

(2) Sub-paragraph (1) shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.

Coast works

5

Section 34(1) of the Coast Protection Act 1949 (c. 74) (consent of Secretary of State required for works detrimental to navigation) shall not apply in relation to anything done within the limits of deviation for the scheduled works in exercise of the powers conferred by this Act in relation to those works, or any work in connection with them.

Port of London Act 1968

6

The following provisions of the Port of London Act 1968 (c. xxxii) shall not apply in relation to anything done for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works—

(a) section 70 (prohibition of various activities in relation to works without a licence under section 66 of that Act), and

(b) section 73(3) (prohibition of dredging etc. of Thames without a licence).

Highways, etc.

7

(1) The following enactments (which control obstructions of the highway in connection with works relating to buildings) shall not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works—

(a) section 15(1) of the Greater London Council (General Powers) Act 1970 (c. lxxvi), and

(b) section 169(1) of the Highways Act 1980 (c. 66).

(2) Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) shall not apply to any tree or shrub planted for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works.

(3) Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) shall not apply to any length of a retaining wall erected on land held by the Secretary of State or nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(4) Nothing in section 8(2) to (5) of the Greater London Council (General Powers) Act 1986 (c. iv) (power of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) shall apply with respect to any retaining wall erected in exercise of the powers conferred by this Act.

Building regulations

8

(1) Nothing in Part 1 of the Building Act 1984 (c. 55) with respect to building regulations, and nothing in any building regulations, shall apply in relation to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

(2) Sub-paragraph (1) shall not apply in relation to a building which is a house or a hotel or which is used as offices or showrooms and does not form part of a railway station.

(3) Any building to which sub-paragraph (2) applies shall be disregarded for the purposes of section 4(1)(b) of the Building Act 1984 (c. 55) (exception for certain buildings belonging to statutory undertakers).

Deposits in the sea

9

(1) Section 5 of the Food and Environment Protection Act 1985 (c. 48) (requirement for licences for deposit of substances and articles in the sea etc.) shall not apply to the deposit of substances and articles within the limits of deviation for Work No. 1/4A, 1/4B, 1/6A, 1/6B, 1/29, 1/38A or 1/38B in exercise of the powers conferred by this Act in relation to that work, or any work in connection with it.

(2) In the case of substances and articles which have been excavated or dredged, sub-paragraph (1) shall only apply to deposit in the course of use as a construction material.

London lorries: general

10

(1) This paragraph applies where an application for the issue of a permit under the London Lorry Ban Order is made under paragraph 11 or is otherwise expressed to be made in connection with the carrying out of authorised works.

(2) The application shall be granted if the issue of a permit is reasonably required—

(a) for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or

(b) for the purpose of enabling authorised works to be carried out in accordance with approved arrangements.

(3) If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works—

(a) in a timely and efficient manner, or

(b) in accordance with approved arrangements.

(4) If the applicant is aggrieved by a decision under sub-paragraph (2) or (3), he may appeal to the Secretary of State by giving notice in writing of the appeal to him, and to the authority whose decision is appealed against, within 28 days of notification of the decision.

(5) On an appeal under sub-paragraph (4), the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against.

(6) If on an appeal under sub-paragraph (4) against a decision under sub-paragraph (3) the Secretary of State varies the decision, the variation shall have effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify.

(7) The applicant may not challenge a decision under sub-paragraph (3) otherwise than by an appeal under sub-paragraph (4).

(8) In this paragraph—

“approved arrangements” means arrangements approved for the purposes of—paragraph 7 of Schedule 7, so far as relating to item 1 in the table in that paragraph, orparagraph 24 of that Schedule;

“authorised works” means works authorised by this Act;

“the London Lorry Ban Order” means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985.

London lorries: emergency permit

11

(1) This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—

(a) proposed to be undertaken in connection with the carrying out of authorised works, and

(b) for which a permit under the London Lorry Ban Order will be required.

(2) The person may apply for a permit under the Order for the journey by giving the details mentioned in sub-paragraph (3) to the authority concerned by telephone or by means of facsimile transmission.

(3) The details referred to above are—

(a) the identity of the applicant,

(b) a number on which he can be contacted by telephone or by means of facsimile transmission,

(d) the authorised works in connection with which the journey is to be undertaken,

(e) whether any approved arrangements are relevant to the application and, if so, what they are,

(f) the date when the journey is proposed to be undertaken, and

(g) if it is proposed to stop anywhere in Greater London for the purpose of making a delivery or collection, the place or places at which, and the time or times when, it is proposed to stop for that purpose.

(4) In this paragraph—

“approved arrangements”, “authorised works” and “the London Lorry Ban Order” have the same meanings as in paragraph 10;

“working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).

12

(1) An authority responsible for dealing with applications for permits under the London Lorry Ban Order shall make arrangements enabling applications under paragraph 11 to be made at any time.

(2) Once an application for a permit has been made under paragraph 11, then, for the purpose of any relevant journey, the application shall be treated as granted subject to such conditions as the Secretary of State may by order specify for the purposes of this provision.

(3) A journey is a relevant journey for the purposes of sub-paragraph (2) if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by telephone or by means of facsimile transmission.

(4) The power to make an order under sub-paragraph (2) includes—

(a) power to make different provision for different cases, and

(b) power to make an order varying or revoking any order previously made under that provision.

(5) In this paragraph, “the London Lorry Ban Order” has the same meaning as in paragraph 10.

Works under streets in Greater London

13

The following provisions of the Greater London Council (General Powers) Act 1986 (c. iv)—

(a) section 5(1) (consent of borough council required for demolition of works under a street),

(b) section 6(1) (consent of borough council required for works preventing access to premises under a street), and

shall not apply to anything done in exercise of the powers conferred by this Act with respect to works.

New Roads and Street Works Act 1991

14

(1) The powers conferred by section 56(1) and (1A) of the New Roads and Street Works Act 1991 (c. 22) (powers to give directions as to the timing of proposed and subsisting street works) shall not apply in relation to works proposed to be, or being, carried out under the powers conferred by this Act.

(2) Section 56A of that Act (power to give directions as to placing of apparatus) shall not apply in relation to the placing of apparatus in exercise of any of the powers conferred by this Act.

(3) No restriction under section 58(1) of that Act (power to impose restriction on execution of street works in the twelve months following completion of substantial road works) shall have effect in relation to works carried out under the powers conferred by this Act.

(4) Section 61(1) of that Act (under which the consent of the street authority is required for the placing of apparatus in a protected street) shall not apply to the placing of apparatus in exercise of any of the powers conferred by this Act.

(5) Section 62(2) of that Act (power following designation of protected street to require removal or repositioning of apparatus already placed in the street) shall not apply in relation to apparatus placed in exercise of the powers conferred by this Act.

(6) Section 62(4) of that Act (power when designation as protected street commences or ceases to give directions with respect to works in progress) shall not apply in relation to works being carried out under the powers conferred by this Act.

(7) Section 63(1) of that Act (under which Schedule 4 to that Act has effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties) shall not apply in relation to works to be executed under the powers conferred by this Act.

(8) The power conferred by section 73A(1) of that Act (power to require undertaker to re-surface street) may not be exercised in relation to an undertaker who is within subsection (2) of that section because of—

(a) having given a notice in respect of works proposed to be carried out under the powers conferred by this Act, or

(b) executing, or having executed, works under those powers.

(9) No contribution shall be payable under section 78A(1)(b) of that Act (contributions by other undertakers to costs incurred in executing works specified in a re-surfacing notice) because of the execution of works under the powers conferred by this Act.

(10) Schedule 3A to that Act (restriction on works following substantial street works) shall not apply where a notice under section 54 (advance notice of certain works) or 55 (notice of starting date of works) of that Act is in respect of works to be executed under the powers conferred by this Act.

(11) No notice under paragraph 2(1)(d) of that Schedule (power by notice to require notification of works which an undertaker proposes to carry out in a part of a highway to which a proposed restriction applies) shall have effect to require the notification of works proposed to be carried out under the powers conferred by this Act.

(12) No directions under paragraph 3 of that Schedule (directions as to the date on which undertakers may begin to execute proposed works) may be issued to the nominated undertaker.

(13) Paragraph 3(4) of that Schedule (under which it is an offence for an undertaker to execute street works before the completion of certain other street works) shall not apply in relation to the execution of works under the powers conferred by this Act.

(14) Paragraph 5(1) of that Schedule (effect of direction under paragraph 4 restricting further works) shall not apply in relation to the execution of works under the powers conferred by this Act.

Water abstraction

15

(1) The restriction imposed by section 24(1) of the Water Resources Act 1991 (c. 57) (restriction on abstraction of water) shall not apply in relation to the abstraction of water for the purposes of, or in connection with, the construction of the works authorised by this Act.

(2) In this paragraph, “abstraction” has the same meaning as in the Water Resources Act 1991.

Communication with public sewers in London

16

Section 106(8) of the Water Industry Act 1991 (c. 56) (which qualifies the general right to communicate with the public sewers of a sewerage undertaker) shall not apply where the proposed communication involves a drain or sewer serving Crossrail.

Party Wall etc. Act 1996

17

(1) No notice under section 1(2) or (5) of the Party Wall etc. Act 1996 (c. 40) (notice before building on line of junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Act.

(2) Sections 1(6) and 2 of the Party Wall etc. Act 1996 (rights of adjoining owners) shall not have effect to confer rights in relation to—

(a) anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, or

(b) land on which there is any such thing.

(3) Section 6 of the Party Wall etc. Act 1996 (underpinning of adjoining buildings) shall not apply in relation to a proposal to excavate, or excavate for and erect anything, in exercise of the powers conferred by this Act.

SCHEDULE 15

Notice of removal

1

(1) Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall—

(a) publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and

(b) at the same time leave displayed in a conspicuous place on or near the land,

a notice complying with sub-paragraph (2).

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

(a) identify the land to which it relates,

(b) set out in general terms the effect of paragraphs 2 to 5,

(d) state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.

(3) No notice shall be required under sub-paragraph (1) before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied—

(a) that the remains were interred more than 100 years ago, and

(b) that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.

(4) No notice shall be required under sub-paragraph (1) before the removal of any remains or any monument to the deceased if—

(a) there is in force under section 25 of the Burial Act 1857 (c. 81) (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and

(b) the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.

(5) In sub-paragraph (4)(b), “group” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the Companies Act 1985 (c. 6).

Removal of remains

2

(1) In the case of remains in relation to which paragraph 1(1) applies, the nominated undertaker shall issue a licence for the removal of the remains if—

(a) it receives an application in writing from a relative or personal representative of the deceased, and

(b) the application is received before the end of the 56 days after the day on which notice relating to the remains is first published under paragraph 1(1)(a).

(2) In the case of remains in relation to which paragraph 1(3) applies, the nominated undertaker shall issue a licence for the removal of the remains if—

(a) it receives an application in writing from a relative or personal representative of the deceased, and

(b) the application is received before the nominated undertaker has removed the remains under paragraph 3(1).

(3) For the purposes of sub-paragraphs (1) and (2), a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.

(4) A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.

(5) The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.

(6) An application for a declaration for the purposes of sub-paragraph (3) shall be made to the county court for the district in which the remains are interred.

(7) In this paragraph, references to a relative of the deceased are to a person who—

(a) is a husband, wife, parent, grandparent, child or grandchild of the deceased, or

(b) is, or is a child of, a brother, sister, uncle or aunt of the deceased.

3

(1) In the case of remains in relation to which paragraph 1(1) or (3) applies, the nominated undertaker may remove the remains unless—

(a) it is required under paragraph 2(1) or (2) to issue a licence for their removal, or

(b) not more than 28 days have passed since the issue under that provision of such a licence.

(2) In the case of remains in relation to which paragraph 1(4) applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the Burial Act 1857 (c. 81).

(3) The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.

Removal of monuments

4

(1) Where a licence to remove any remains is issued under paragraph 2(1) or (2), the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it.

(2) The reasonable costs of removal and re-erection under sub-paragraph (1) shall be paid by the nominated undertaker.

5

(1) Where the nominated undertaker removes any remains under paragraph 3, it may also remove from the land any monument to the deceased.

(2) Where any remains are removed under a licence under paragraph 2(1) or (2), the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence.

(3) Where any remains are removed under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee.

(4) The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are interred or to some other appropriate place.

(5) The nominated undertaker shall break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4).

Records

6

(1) Where any remains are removed under this Schedule, the nominated undertaker shall, within two months of the removal, provide the Registrar General with a certificate which—

(a) identifies the remains, so far as practicable,

(b) states the date on which, and the place from which, the remains were removed, and

(2) Where any monument is removed under this Schedule, the nominated undertaker shall, within two months of the removal—

(a) deposit with the local authority in whose area the monument was situated prior to the removal a record which—

(i) identifies the monument,

(ii) gives any inscription on it,

(iii) states the date on which, and the place from which, it was removed, and

(iv) states the place, if any, to which it was moved or how it was disposed of, and

(b) provide the Registrar General with a copy of the record deposited under paragraph (a).

(3) The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs to comply with sub-paragraph (1) or (2).

(4) In sub-paragraph (2)(a), “local authority” means—

(a) in relation to a monument that was situated in the area of a unitary authority, that authority, and

(b) in relation to a monument that was not situated in the area of a unitary authority, the district council for the area.

Supplementary

7

(1) Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2), it shall carry out in accordance with the reasonable requests of the licensee—

(a) its functions under paragraph 3 with respect to disposal of the remains, and

(b) if it removes any monument to the deceased, the functions under paragraph 5 with respect to disposal of the monument.

(2) The Secretary of State may give such directions as he thinks fit with respect to the carrying out of any function under this Schedule.

(3) No licence shall be required under section 25 of the Burial Act 1857 (c. 81) for the removal under this Schedule of any remains.

(4) Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the removal under this Schedule of any remains or monument.

SCHEDULE 16

Power to reinstate

1

(1) The nominated undertaker may within the limits of deviation for the scheduled works or within the limits of land to be acquired or used reinstate facilities whose operation or use is discontinued because of the exercise of power conferred by this Act.

(2) The power under sub-paragraph (1) includes power to carry out works for the purpose of or in connection with reinstatement.

(3) Where the power under sub-paragraph (1) is exercised for the purpose of reinstating facilities temporarily, it may be further exercised for the purpose of reinstating them permanently.

(4) Reinstatement under sub-paragraph (1) need not be on the site where the facilities were situated prior to discontinuation.

Planning conditions

2

(1) This paragraph has effect in relation to development authorised by paragraph 1.

(2) The Secretary of State may by directions provide that a requirement specified in the directions shall in the case of development so specified be a condition of the deemed planning permission.

(3) If it appears to the Secretary of State that it is appropriate to do so in consequence of directions under sub-paragraph (2), he may by directions—

(a) disapply Part 2 or 3 of Schedule 7 in relation to the development to which the directions under sub-paragraph (2) relate, or

(b) provide for that Part to have effect in relation to that development with such modifications as he may specify in the directions.

(4) Directions under sub-paragraph (2) or (3) may—

(a) be given after, as well as before, commencement of the development to which they relate;

(b) cancel or vary previous directions under that sub-paragraph;

(5) The Secretary of State shall—

(a) publish any directions under sub-paragraph (2) or (3) in such manner as he thinks appropriate, and

(b) give copies of any such directions to the owners and occupiers of the land to which the deemed planning permission relates and to the relevant planning authority.

(6) The reference in sub-paragraph (5)(b) to the relevant planning authority is—

(a) in the case of directions relating to development in the area of a unitary authority, to the local planning authority;

(b) in the case of directions relating to development not in the area of a unitary authority, to the district planning authority.

(7) Section 78 of the Town and Country Planning Act 1990 (c. 8) (right to appeal against planning decisions and failure to take such decisions) shall apply in relation to an application for any consent, agreement or approval required by a condition imposed by directions under sub-paragraph (2) as it applies in relation to an application for any consent, agreement or approval required by a condition imposed on a grant of permission under Part 3 of that Act.

(8) In this paragraph—

“deemed planning permission” means the planning permission deemed by section 10 to be granted;

“development” has the same meaning as in the Town and Country Planning Act 1990.

SCHEDULE 17

Part 1 — Protection for highways and traffic

1

(1) The following provisions of this Part shall, unless otherwise agreed in writing between the nominated undertaker and the highway authority concerned, have effect for the protection of highway authorities.

(2) In this Part—

“plans” includes sections and specifications; and

“property of the highway authority” means any apparatus of the highway authority affixed to or placed under any highway.

(3) Part 3 of the New Roads and Street Works Act 1991 (c. 22) shall not apply in relation to any matter which is regulated by this Part.

2

Wherever in this Part provision is made with respect to the approval or consent of the highway authority, that approval or consent shall be in writing and subject to such reasonable terms and conditions as the highway authority may require, but shall not be unreasonably withheld.

3

In exercising the powers conferred by this Act in relation to any highway the nominated undertaker shall have regard to the potential disruption of traffic which may be caused and shall seek to minimise such disruption so far as is reasonably practicable.

4

The nominated undertaker shall not, without the consent of the highway authority, construct any part of the works authorised by this Act under and within 8 metres of the surface of any highway which comprises a carriageway except in accordance with plans submitted to, and approved by, the highway authority; and if within 28 days after such plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.

5

In the construction of any part of the said works under a highway no part of it shall, except with the consent of the highway authority, be so constructed as to interfere with the provision of proper means of drainage of the surface of the highway or be nearer than two metres to the surface of the highway.

6

(1) The provisions of this paragraph have effect in relation to, and to the construction of, any new bridge, or any extension or alteration of an existing bridge, carrying any part of the works authorised by this Act over a highway or carrying a highway over any part of those works; and any such new bridge, or (as the case may be) any bridge so extended or altered, is in this paragraph referred to as “the bridge”.

(2) Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the nominated undertaker shall submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “plans”) relating thereto, and the bridge shall not be constructed and the works shall not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.

(3) If within 28 days after the plans have been submitted the highway authority has not approved or disapproved them, it shall be deemed to have approved the plans as submitted.

(4) If the bridge carries any part of the works authorised by this Act over any highway—

(a) it shall be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge, and

(b) the highway authority may, at the cost of the nominated undertaker, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.

7

The nominated undertaker shall secure that so much of the works authorised by this Act as is constructed under any highway shall be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and the nominated undertaker shall indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus therein, by reason of non-compliance with the provisions of this paragraph.

8

Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the nominated undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Act which—

(a) is in, over or under any highway, or

(b) which may affect any highway or any property of the highway authority,

during the carrying out of the work, and the nominated undertaker shall give to such officer all reasonable facilities for such inspection and, if he shall be of the opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the nominated undertaker shall adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.

9

(1) The nominated undertaker shall not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access thereto, without the consent of the highway authority, and any alteration, diversion, replacement or reconstruction of any such property which may be necessary shall be made by the highway authority or the nominated undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing shall be repaid to the highway authority by the nominated undertaker.

(2) If within 28 days after a request for consent has been submitted the highway authority has not given or refused such consent, it shall be deemed to have consented to the request as submitted.

10

The nominated undertaker shall not remove any soil or material from any highway except so much as must be excavated in the carrying out of the works authorised by this Act.

11

(1) If the highway authority, after giving to the nominated undertaker not less than 28 days' notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in the signposting of traffic diversions or the taking of other measures in relation thereto, or in the repair of any highway by reason of the diversion thereto of traffic from a road of a higher standard, in consequence of the construction of the works authorised by this Act, the nominated undertaker shall repay to the highway authority the amount of any such expense reasonably so incurred.

(2) An amount which apart from this sub-paragraph would be payable to the highway authority by virtue of this paragraph in respect of the repair of any highway shall, if the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), be reduced by the amount which represents that benefit.

12

(1) The nominated undertaker shall not, except with the consent of the highway authority, deposit any soil or materials, or stand any plant, on or over any highway so as to obstruct or render less safe the use of the highway by any person, or, except with the like consent, deposit any soil or materials on any highway outside a hoarding, but if within 28 days after request for it any such consent is neither given nor refused it shall be deemed to have been given.

(2) The expense reasonably incurred by the highway authority in removing any soil or materials deposited on any highway in contravention of this paragraph shall be repaid to the highway authority by the nominated undertaker.

13

The nominated undertaker shall not, except with the consent of the highway authority, erect or retain on or over a highway to which the public continues to have access any scaffolding or other structure which obstructs the highway, unless the structure comprises screening which has been approved under Schedule 7, but if within 28 days after a request for it such consent is neither given nor refused it shall be deemed to have been given.

14

The nominated undertaker shall, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the nominated undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.

15

(1) Where any part of any highway has been broken up or disturbed by the nominated undertaker and not permanently stopped up or diverted, the nominated undertaker shall make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and shall maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway.

(2) The reinstatement of that part of the highway shall be carried out by the nominated undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the New Roads and Street Works Act 1991 (c. 22).

16

If any damage to any highway or any property of the highway authority on or under any highway is caused by, or results from, the construction of any work authorised by this Act or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work, the nominated undertaker may, in the case of damage to a highway, make good such damage to the reasonable satisfaction of the highway authority and, where the nominated undertaker does not make good, or in the case of damage to property of the highway authority, the nominated undertaker shall make compensation to the highway authority.

17

The fact that any act or thing may have been done in accordance with plans approved by the highway authority shall not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the nominated undertaker from any liability, or affect any claim for damages, under this Part or otherwise.

18

(1) Any dispute arising between the nominated undertaker and the highway authority under this Part shall be determined by arbitration if—

(a) the parties agree, or

(b) the dispute relates to the amount of any sum payable under this Part,

but shall otherwise by determined by a person appointed by the Secretary of State.

(2) Any person appointed by the Secretary of State under sub-paragraph (1) shall, in determining any dispute arising under this Part, have regard to such matters as may be specified by the Secretary of State on making the appointment.

Part 2 — Protection for electricity, gas, water and sewerage undertakers

1

(1) The following provisions of this Part shall, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and the undertakers concerned, have effect.

(2) In this Part—

“alternative apparatus” means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;

“apparatus” means—in the case of electricity undertakers, electric lines or electrical plant (as defined in the Electricity Act 1989 (c. 29)) belonging to, or maintained by, such undertakers;in the case of gas undertakers, mains, pipes or other apparatus belonging to, or maintained by, a gas transporter for the purposes of the conveyance or storage of gas;in the case of water undertakers, mains, pipes or other apparatus belonging to, or maintained by, such undertakers for the purposes of water supply; andin the case of sewerage undertakers, any sewer, drain or works vested in a sewerage undertaker under the Water Industry Act 1991 (c. 56) and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works;(not being, except in paragraph 9(3) and 10, apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part 3 of the New Roads and Street Works Act 1991 (c. 22)) and includes any structure for the lodging therein of apparatus or for giving access to apparatus;

“construction” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;

“functions” includes powers and duties;

“in” in a context referring to apparatus in land includes under, over, across, along or upon land;

“plans” includes sections and method statements;

“service obligations” means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings; and

“undertakers” means any of the following, namely, a licence holder within the meaning of Part 1of the Electricity Act 1989 (c. 29), a gas transporter within the meaning of Part 1 of the Gas Act 1986 (c. 44), a water undertaker within the meaning of the Water Industry Act 1991, a sewerage undertaker within Part 1 of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act; and, in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

2

(1) The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed.

(2) Unless a certificate is issued by the appropriate Ministers under sub-paragraph (3) the apparatus shall not be removed under this Part, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land shall not be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.

(3) Where the appropriate Ministers certify in relation to any apparatus that—

(a) failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and

(b) the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations,

that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers.

(4) In this paragraph “appropriate Ministers” means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Energy Security and Net Zero.

3

(1) This paragraph applies where—

(a) the nominated undertaker for the purpose of constructing any work authorised by this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days' written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or

(b) in consequence of the exercise of any of the powers of this Act, the undertakers reasonably require to remove any apparatus.

(2) Subject to sub-paragraph (3), the nominated undertaker or the Secretary of State shall afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and thereafter for the maintenance, repair, renewal and inspection of such apparatus.

(3) Sub-paragraph (4) applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights.

(4) The undertakers shall, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, forthwith use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State shall be under an obligation as to the provision of such facilities and rights in the other land.

4

(1) Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 3 in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, shall be constructed in such manner, and in such line or situation and in accordance with such programme, as is—

(a) agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or

(b) in default of agreement, determined in accordance with paragraph 13.

(2) If the undertakers fail to comply with an agreement made under sub-paragraph (1), or with a determination under paragraph 13, they shall be liable to compensate the nominated undertaker in respect of any loss or damage (other than loss of, or arising from delayed receipt of, operating revenue due to delayed opening of Crossrail) directly resulting from the failure.

5

(1) The undertakers shall, after—

(a) the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as aforesaid, and

(b) any such facilities and rights as are referred to in paragraph 3 have been granted to or obtained by the undertakers, or an undertaking has been given that such facilities or rights will be granted,

proceed with all reasonable despatch to construct and bring into operation the alternative apparatus and to remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part and, in default, the nominated undertaker may remove that apparatus.

(2) Following the removal of that apparatus under the provisions of this Part or abandonment any rights of the undertakers relating to that apparatus in or over the land in which it was or is situated shall be extinguished.

6

(1) If the nominated undertaker gives notice in writing to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situate in any lands held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, such work, instead of being carried out by the undertakers, shall be carried out by the nominated undertaker in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined in accordance with paragraph 13, with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.

(2) Nothing in this paragraph shall authorise the nominated undertaker to carry out any connection to or disconnection of any existing apparatus or to carry out any works associated with a connection or disconnection within 600 millimetres of the point of connection or disconnection.

7

(1) Where, in accordance with the provisions of this Part, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection on land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State of alternative apparatus, those facilities and rights shall be granted upon such terms and conditions as may be agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers or, in default of agreement, determined in accordance with paragraph 13.

(2) In determining such terms and conditions as aforesaid in respect of alternative apparatus to be constructed across or along any works authorised by this Act, a person making a determination under paragraph 13 shall—

(a) give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of those works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the case, give effect to the terms and conditions (if any) applicable to the apparatus for which the alternative apparatus is to be substituted and have regard to the undertakers' ability to fulfil their service obligations.

(3) If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are, in the opinion of a person making a determination under paragraph 13, more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, that person shall make such provision for the payment of compensation to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect of the difference as appears to him to be reasonable having regard to all the circumstances of the case.

8

(1) Not less than 28 days before commencing to construct any work authorised by this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 3, the nominated undertaker shall submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate.

(2) The work shall be constructed only in accordance with the plan and description submitted as aforesaid and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access thereto, and the undertakers shall be entitled by their officer to watch and inspect the construction of the work.

(3) If the undertakers within 14 days after the submission to them of any such plan and description shall, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part shall have effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 3.

(4) Nothing in sub-paragraphs (1) to (3) shall preclude the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description of it in lieu of the plan and description previously submitted, and thereupon the provisions of those sub-paragraphs shall apply to and in respect of the new plan and description.

(5) The nominated undertaker shall not be required to comply with sub-paragraphs (1) to (3) in a case of emergency but in such a case it shall give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable thereafter, and shall comply with those sub-paragraphs so far as reasonably practicable in the circumstances.

9

(1) If in consequence of the exercise of the powers of this Act the access to any apparatus is materially obstructed the nominated undertaker shall, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction.

(2) The nominated undertaker shall, so far as is reasonably practicable, so exercise its powers under paragraphs 5 and 6 of Schedule 2 as not to obstruct or render less convenient the access to any apparatus.

(3) Notwithstanding the temporary stopping up or diversion of any highway under paragraph 5 of Schedule 3, the undertakers may do all such works and things in any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.

10

Where, in consequence of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Act, but nothing in this paragraph shall affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part or the power of the nominated undertaker to construct works in accordance with paragraph 8.

11

(1) Subject to the following provisions of this paragraph, the nominated undertaker shall repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with—

(a) the removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Part,

(b) the cutting off of any apparatus from any other apparatus in consequence of the exercise by the nominated undertaker of any power under this Act, and

(c) any other work or thing rendered reasonably necessary in consequence of the exercise by the nominated undertaker of any such power.

(2) There shall be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part, that value being calculated after removal.

(3) If in pursuance of the provisions of this Part—

(a) alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type, or

(b) apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker or, in default of agreement, is not determined to be necessary in accordance with paragraph 13, then, if it involves cost in the construction of works under paragraph 6 exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertakers by virtue of sub-paragraph (1) shall be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus, and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to the undertakers in respect of works by virtue of this paragraph shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit.

(6) In any case where work is carried out by the nominated undertaker pursuant to paragraph 6 and, if such work had been carried out by the undertakers, the repayment made to the undertakers under this paragraph would fall to be reduced pursuant to sub-paragraphs (3) to (5), the undertakers shall pay to the nominated undertaker such sum as represents the amount of that reduction.

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(1) Subject to sub-paragraphs (2) and (3), if by reason of the construction of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or there is any interruption in any service provided, or in the supply of any goods, by any of the undertakers, the nominated undertaker shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply and shall—

(a) make reasonable compensation to the undertakers for loss sustained by them, and

(b) indemnify the undertakers against claims, demands, proceedings, and damages which may be made or taken against, or recovered from the undertakers,

by reason of any such damage or interruption.

(2) Nothing in sub-paragraph (1) shall impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.

(3) The undertakers shall give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand shall be made without the consent of the nominated undertaker which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

13

(1) Any dispute arising between the nominated undertaker and the undertakers under this Part shall be determined by arbitration if—

(a) the parties agree, or

(b) the dispute relates to the amount of any sum payable under this Part,

but shall otherwise by determined by a person appointed by the appropriate Ministers.

(2) Any person appointed by the appropriate Ministers under sub-paragraph (1) shall, in determining any dispute arising under this Part, have regard to such matters as may be specified by the appropriate Ministers on making the appointment.

(3) In this paragraph “the appropriate Ministers” means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Energy Security and Net Zero.

Part 3 — Protection of land drainage, flood defence, water resources and fisheries

1

(1) The following provisions of this Part shall, unless otherwise agreed in writing between the nominated undertaker and the Agency, have effect.

(2) In this Part—

“the Agency” means the Environment Agency;

“construction” includes execution, placing, altering, replacing, relaying and removal;

“drainage work” means any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring, and includes land which, taking account of flood defences, is expected to provide flood storage capacity for any watercourse at intervals not less frequent than—in the case of areas providing fluvial flood storage, once in 100 years; andin the case of areas providing tidal or coastal flood storage, once in 200 years;

“fishery” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food of such fish;

“plans” includes sections, drawings, specifications and method statements;

“specified work” means so much of any permanent or temporary work or operation authorised by this Act (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is likely to—affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow, purity or quality of water in any watercourse or other surface waters or ground water;cause obstruction to the free passage of fish or damage to any fishery; oraffect the conservation, distribution or use of water resources; and

“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer;

and reference to protection of or damage to a drainage work includes reference to the protection of or damage to the drainage work as a natural resource or in respect of the effects of that drainage work on the environment.

2

(1) Before beginning to construct any specified work, the nominated undertaker shall submit to the Agency plans of the work and such further particulars available to it as the Agency may within 14 days of the submission of the plans reasonably require.

(2) Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 12.

(3) Any approval of the Agency required under this paragraph—

(a) shall not be unreasonably withheld;

(b) shall be deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval or where further particulars are submitted under paragraph 2(1), within 28 days of the submission of those particulars; and

(c) may be given subject to such reasonable requirements as the Agency may make for the protection of any drainage work or fishery or for the protection of water resources, or for the prevention of flooding or pollution.

3

The requirements which the Agency may make under paragraph 2 include conditions requiring the nominated undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—

(a) to safeguard any drainage work against damage, or

(b) to secure that its efficiency for flood defence purposes is not impaired,

during the construction of the specified work.

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