Crossrail Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Transport, are published separately as Bill 1—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Mr Secretary Darling has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Crossrail Bill are compatible with the Convention rights. Bill 1 54/1 Crossrail Bill CONTENTS Works 1 Construction and maintenance of scheduled works 2 Works: further and supplementary provisions 3Highways 4 Overhead lines Land 5 Temporary possession and use 6 Acquisition of land within limits shown on deposited plans 7 Acquisition of land not subject to the power under section 6(1) 8 Extinguishment of private rights of way 9 Extinguishment of rights of statutory undertakers etc. Planning 10 Planning: general 11 Permitted development: time limit 12 Fees for planning applications 13 Power to disapply section 10(1) 14 EIA regulations: replacement development Heritage 15 Disapplication and modification of controls 16 Rights of entry Trees 17 Power to deal with trees on neighbouring land 18 Disapplication of controls Noise 19 Control of construction sites: appeals 20 Proceedings in respect of statutory nuisance: defence Bill 1 54/1 iv Crossrail Bill Railway matters 21 Licensing 22 Overriding duty of Office of Rail Regulation before Crossrail operational 23 Directions specifying matters for purposes of section 22 24 Other duties of Office of Rail Regulation as to exercise of functions 25 Amending pre-commencement access contracts: construction of Crossrail 26 Amending pre-commencement access contracts: principal Crossrail services 27 Terms of, and amending other contracts because of, Crossrail access contracts 28 Post-commencement access contracts: effects of construction of Crossrail 29 Crossrail access contracts: disapplying requirements for approval 30 Crossrail-related access contracts: modified requirements for approval 31 Power of Secretary of State to require entry into access contract 32 Amending existing access contracts: effects of contracts under section 31 33 Effect on franchise agreements of directions under section 27 or 32 34 Award of Crossrail franchises to public-sector operators 35 Disapplication of franchising and access exemptions 36 Closures 37 Key system assets 38 Power to designate persons as “protected railway companies” 39 Duty to co-operate 40 Arbitration after referral under section 39(3) 41 Arbitration under section 39(3): multiple proceedings 42 Transfer of functions relating to works 43 Application of section 122 of the Railways Act 1993 44 Application of other railway legislation Miscellaneous and general 45 Transfer schemes 46 Holder of functions of nominated undertaker 47 Disapplication and modification of miscellaneous controls 48 Burial grounds 49 Application of landlord and tenant law 50 Compensation for injurious affection 51 Application of Act to extensions 52 Protection of interests 53 Power to devolve functions of Secretary of State 54 Correction of deposited plans 55 Service of documents 56 Arbitration 57 Interpretation 58 Financial provisions 59 Short title Schedule 1 — Scheduled works Schedule 2 — Works: further and supplementary provisions Schedule 3 — Highways Schedule 4 — Overhead lines: consent Schedule 5 — Temporary possession and use of land Schedule 6 — Acquisition of land shown within limits on deposited plans Crossrail Bill v Part 1 — Purposes for which certain land may be acquired Part 2 — Application of legislation relating to compulsory purchase Part 3 — Supplementary provisions Schedule 7 — Planning conditions Part 1 — Qualifying authorities Part 2 — Development in the area of a unitary authority Part 3 — Development not in the area of a unitary authority Part 4 — Supplementary Schedule 8 — Heritage: disapplication and modification of controls Schedule 9 — Heritage: rights of entry Schedule 10 — Application of other railway legislation Schedule 11 — Transfer schemes Part 1— Transfers from Cross London Rail Links Limited and its subsidiaries Part 2 — Transfers from the Greater London Authority, Transport for London, the London Development Agency and their subsidiaries Part 3 — Transfers from Secretary of State and companies owned by Secretary of State Part 4 — General provisions about transfer schemes Part 5 — Interpretation Schedule 12 — Disapplication and modification of miscellaneous controls Schedule 13 — Burial grounds: removal of human remains and monuments Schedule 14 — Protective provisions Part 1 — Protection for highways and traffic Part 2 — Protection for electricity, gas, water and sewerage undertakers Part 3 — Protection of land drainage, flood defence, water resources and fisheries Part 4 — Protection of electronic communications code networks Part 5 — Protection of British Waterways Board Part 6 — Protection of Port of London Authority Crossrail Bill 1 A BILL TO Make provision for a railway transport system running from Maidenhead, in the County of Berkshire, and Heathrow Airport, in the London Borough of Hillingdon, through central London to Shenfield, in the County of Essex, and Abbey Wood, in the London Borough of Greenwich; and for connected purposes. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— Works 1 Construction and maintenance of scheduled works (1) The nominated undertaker may construct and maintain the works specified in Schedule 1 (“the scheduled works”), being— (a) works for the construction of an underground railway between, in the 5 west, a tunnel portal at Royal Oak in the City of Westminster and, in the east, tunnel portals at Custom House and Pudding Mill Lane in the London Borough of Newham, (b) works for the construction of other railways in the London Boroughs of Barking & Dagenham, Bexley, Ealing, Greenwich, Hammersmith and 10 Fulham, Havering, Hillingdon, Newham, Redbridge and Tower Hamlets, the City of Westminster, the Royal Borough of Kensington & Chelsea, the District of Basildon and the Borough of Brentwood in the County of Essex, the Royal Borough of Windsor & Maidenhead and the Borough of Slough in the County of Berkshire and the District of South 15 Bucks in the County of Buckinghamshire, (c) works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) or (b). (2) Subject to subsection (3), the scheduled works shall be constructed— (a) in the lines or situations shown on the deposited plans, 20 (b) in accordance with the levels shown on the deposited sections, and Bill 1 54/1 2 Crossrail Bill (c) in the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, within the limit so shown. (3) In constructing or maintaining any of the scheduled works, the nominated undertaker may— (a) deviate laterally from the lines or situations shown on the deposited 5 plans to any extent within the limits of deviation for that work so shown, and (b) deviate vertically from the level shown for that work on the deposited sections— (i) to any extent not exceeding 3 metres upwards, and 10 (ii) to any extent downwards. (4) In the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, the power of deviation under subsection (3)(b)(i) is subject to the limit so shown. 2 Works: further and supplementary provisions 15 Schedule 2 (which contains further and supplementary provisions about works) has effect. 3Highways Schedule 3 (which makes provision in relation to highways in connection with the works authorised by this Act) has effect. 20 4 Overhead lines (1) Section 37(1) of the Electricity Act 1989 (c. 29) (which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which— (a) for the purposes of or in connection with the exercise of any of the 25 powers conferred by this Act with respect to works, or (b) in pursuance of any of the protective provisions included in this Act, is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used. (2) Schedule 4 (which makes alternative provision for consent in relation to lines 30 to which subsection (1) applies) has effect. (3) On the revocation or expiry of consent under Schedule 4, the line to which the consent relates shall cease to be a line to which subsection (1) applies. (4) On granting consent under Schedule 4 to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to 35 be granted for the carrying out of development to which the consent relates, and any ancillary development, subject to such conditions (if any) as may be specified in the direction. (5) In subsection (4)— (a) “electricity undertakers” means the holder of a licence under section 6 40 of the Electricity Act 1989, and Crossrail Bill 3 (b) the reference to the appropriate Ministers is to the Secretary of State for Trade and Industry and the Secretary of State for Transport acting jointly. Land 5 Temporary possession and use 5 Schedule 5 (which contains provisions about temporary possession and use of land for the purposes of this Act) has effect. 6 Acquisition of land within limits shown on deposited plans (1) The Secretary of State is authorised by this section to acquire compulsorily— (a) so much of the land shown on the deposited plans within the limits of 10 deviation for the scheduled works as may be required for or in connection with the works authorised by this Act or otherwise for or in connection with Crossrail, and (b) so much of the land so shown within the limits of land to be acquired or used as may be so required. 15 (2) Without prejudice to the generality of subsection (1), the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part 1 of Schedule 6 as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part of the Schedule as one for which that land may 20 be acquired or used.