Channel Tunnel Rail Link Act 1996

(1)	(2)	(3)
Area	Overhead line to be taken down	New overhead line to be provided
GREATER LONDON	GREATER LONDON	GREATER LONDON
London Borough of Barking and Dagenham	Barking corridor 275kV overhead electric cable (ZBA) between points EC106, EC107 and EC108	New overhead electric cable to be provided on land within the relevant limits between points EC106, EC109 and EC108 or thereabouts.
London Borough of Barking and Dagenham and London Borough of Havering	Barking corridor 275kV overhead electric cable (ZBA) between points EC87, EC88, EC89, EC1, EC2, EC3, EC4, EC5, EC6, EC7, EC8, EC9, EC10, EC11 and EC12	New overhead electric cable to be provided on land within the relevant limits between points EC87, EC90, EC91, EC13, EC92, EC93, EC94, EC95, EC18, EC19, EC20, EC21, EC22 and EC12 or thereabouts.
London Borough of Havering	Havering overhead electric cable (ZBA) between points EC23, EC24 and EC25	New overhead electric cable to be provided on land within the relevant limits between points EC23, EC26 and EC25 or thereabouts.
COUNTY OF ESSEX	COUNTY OF ESSEX	COUNTY OF ESSEX
Borough of Thurrock	Purfleet Road 400kV overhead electric cable (ZR) between points EC103, EC27, EC28, EC29 and EC30	New overhead electric cable to be provided on land within the points EC103, EC27, EC28, EC29 and EC30 relevant limits between points EC103, EC104, EC28, EC105 and EC30 or thereabouts.
	Aveley 275kV overhead electric cable (ZBA) between points EC96, EC97, EC98 and EC99	New overhead electric cable to be provided on land within the relevant limits between points EC96, EC100, EC101, EC102 and EC99 or thereabouts.
COUNTY OF KENT	COUNTY OF KENT	COUNTY OF KENT
Borough of Dartford, Parish of Swanscombe and Greenhithe	Dartford 132kV overhead electric cable (south) (PK) between points EC48, EC49 and EC50	New overhead electric cable to be provided on land within the relevant limits between points EC48, EC51, EC52 and EC50 or thereabouts.
Borough of Dartford, Parish of Swanscombe and Greenhithe and Borough of Gravesham, Town of Gravesend	Dartford 132kV overhead electric cable (north) (PJ) between points EC40, EC41, EC42, EC43 and EC44	New overhead electric cable to be provided on land within the relevant limits between points EC40, EC45, EC42, EC46, EC47 and EC44 or thereabouts.
Borough of Dartford, Parish of Southfleet and Borough of Gravesham, Town of Gravesend	Dartford 400kV overhead electric cable (4TP) between points EC53, EC54, EC55 and EC56	New overhead electric cable to be provided on land within the relevant limits between points EC53, EC57, EC58 and EC56 or thereabouts.
Borough of Gravesham, Town of Gravesend and Borough of Dartford, Parish of Swanscombe and Greenhithe	Gravesend 400kV overhead electric cable (ZR) between points EC33, EC34, EC35 and EC36	New overhead electric cable to be provided on land within the relevant limits between points EC33, EC37, EC38, EC39 and EC36 or thereabouts.
Borough of Gravesham, Town of Gravesend	Pepper Hill 400kV overhead electric cable (YN) between points EC59, EC60, EC61 and EC62	New overhead electric cable to be provided on land within the relevant limits between points EC59, EC63, EC64, EC65 and EC62 or thereabouts.
Borough of Gravesham, Parish of Shorne	Singlewell 400kV overhead electric cable (4YN) between points EC66, EC67 and EC68	New overhead electric cable to be provided on land within the relevant limits between points EC66, EC69 and EC68 or thereabouts.
Borough of Maidstone, Parish of Boxley	Pilgrims Way 400kV overhead electric cable (TP) between points EC70, EC71 and EC72	New overhead electric cable to be provided on land within the relevant limits between points EC70, EC73, EC74 and EC72 or thereabouts.
	Boxley 132kV overhead electric cable (PN) between points EC75, EC76, EC77 and EC78	New overhead electric cable to be provided on land within the relevant limits between points EC75, EC76, EC79 and EC78 or thereabouts.
Borough of Ashford, Parish of Aldington	Sellindge 400kV overhead electric cable (VO) between points EC80 and EC81	New overhead electric cable to be provided on land within the relevant limits between points EC80, EC82 and EC81 or thereabouts.
District of Shepway, Parish of Sellindge	Sellindge East 132kV overhead electric cable (PV) between points EC83, EC84 and EC85	New overhead electric cable to be provided on land within the relevant limits between points EC83, EC86 and EC85 or thereabouts.

• (2) In sub-paragraph (1) above, references to land within the relevant limits are to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

Mitigation and protection works

4

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

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

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

Euston Road and York Way improvement works

5

• (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, carry out in Euston Road and York Way in the London Borough of Camden and their side roads, works for—

• (a) the variation of the relative widths of carriageways and footways, or

• (b) the division, or variation of the division, of carriageways (including the provision, or variation, of central reservations),

and works ancillary to any such works.

• (2) The nominated undertaker may alter or remove any works executed by it under this paragraph.

• (3) The exercise of the powers conferred by this paragraph shall be subject to the consent of the council of the London Borough of Camden, such consent not to be unreasonably withheld.

• (4) Any dispute with the council of the London Borough of Camden under sub-paragraph (3) above shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.

Underpinning of buildings

6

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

• (2) The nominated undertaker may underpin or strengthen the building on giving at least 28 days’ notice to the owners and occupiers of the building of its intention to do so.

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

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

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

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

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

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

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

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

• (9) In this paragraph—

• “building” includes any structure and, in the case of a work under the surface of the ground, reference to a building within the relevant distance of that work includes a reference to any building within the relevant distance of any point on the surface below which the work is situated,

• “notice” means notice in writing, and

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

7

• (1) This paragraph applies where it is necessary or expedient in consequence of or in connection with the construction of any of the works authorised by this Part of this Act further to underpin or strengthen a building which has been underpinned or strengthened under paragraph 6 above.

• (2) The nominated undertaker may, at any time within the permitted period, further underpin or strengthen the building on giving at least 28 days’ notice to the owners and occupiers of the building of its intention to do so.

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

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

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

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

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

• (a) any building which has been underpinned or strengthened under paragraph 6 above, or

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

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

• (9) In sub-paragraph (2) above, the reference to the permitted period is to the period beginning with the completion of the underpinning or strengthening under paragraph 6 above and ending 5 years after the date on which the work which necessitated the underpinning or strengthening was brought into general use.

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

8

• (1) Where the nominated undertaker exercises any power under paragraph 6 or 7 above, it shall compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power.

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

• (3) Nothing in this paragraph shall affect liability to pay compensation under section 6 of the Railways Clauses Consolidation Act 1845, as incorporated with this Act, or section 10(2) of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (1) above.

Discharge of water

9

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

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

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

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

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

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

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

• (8) In this paragraph—

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

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

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

Entry for preparatory purposes

10

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Temporary interference with waterways

11

• (1) The powers conferred by this paragraph shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Part of this Act in relation to Work No. 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C, 5D(1), 6, 6G, 10, 10A, 10R(2), 13 or 22J.

• (2) The nominated undertaker may—

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

• (b) temporarily moor or anchor barges or other vessels or craft in the relevant waterway, or

• (c) temporarily close the relevant waterway, or a part of it, to navigation.

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

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

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

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

• (5) In this paragraph, “relevant waterway” means—

• (a) in relation to Works Nos. 1A, 1AA, 1B, 1BB, 1C, 1CC, 1D, 1DD, 1EE, 1FF, 1HH, 1K, 2, 2A, 2AA, 2B, 2BB, 3, 3B, 3C and 5D(1), the Regent’s Canal,

• (b) in relation to Works Nos. 6 and 6G, the River Lea,

• (c) in relation to Works Nos. 10, 10A, 10R(2) and 22J, the River Thames, and

• (d) in relation to Work No. 13, the River Medway.

SCHEDULE 3

Stopping up: non-level crossings

1

• (1) Subject to the provisions of this paragraph, the nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table.

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

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

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

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

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

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

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

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

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

2

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

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

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

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

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

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

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

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

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

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

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

• (a) specifying—

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

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

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

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

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

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

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

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

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

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

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

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

• (11) In sub-paragraph (7)(a) above, “local authority” means the council of a county, district, parish or London borough, a joint authority established by Part IV of the Local Government Act 1985, the London Fire Commissioner, a housing action trust established under Part III of the Housing Act 1988 and the parish meeting of a rural parish not having a separate parish council.

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

3

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

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

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

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

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

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

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

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

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

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

Stopping up: level crossings

4

• (1) The nominated undertaker may, in connection with the construction of the works authorised by this Part of this Act, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1), (2) and (3) of the following table.

• (2) The nominated undertaker shall construct the footbridges referred to in column (3) of the following table, but the power conferred by sub-paragraph (1) above shall be independent of the duty imposed by this sub-paragraph.

• (3) On a highway or part of a highway being stopped up under this paragraph—

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

• (b) the place where the former highway crossed the railway shall cease to be a level crossing for the purposes of any enactment.

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

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

(1)	(2)	(3)
Area	Name of highway at crossing	Extent of closure and nature of work
GREATER LONDON	GREATER LONDON	GREATER LONDON
London Borough of Barking and Dagenham	Chequers Lane	Chequers Lane to be stopped up between points H1 and H2. Footbridge to be provided to carry a new footpath between points H3, H4, H5 and H6.
London Borough of Havering	Manor Way	Manor Way to be stopped up between points A1 and A2. Footbridge to be provided to carry a new footpath between points A1, A3, A4, A5, A6 and A2.
	Ferry Lane	Ferry Lane to be stopped up between points F1 and F2. Footbridge to be provided to carry a new footpath between points F3, F4, F5, F6, F7 and F2.
COUNTY OF ESSEX	COUNTY OF ESSEX	COUNTY OF ESSEX
Borough of Thurrock	A1090 (Tank Hill Road)	A1090 (Tank Hill Road) to be stopped up between points J1 and J7.
COUNTY OF KENT	COUNTY OF KENT	COUNTY OF KENT
Borough of Ashford, Town of Ashford	Aylesford Place	Aylesford Place to be stopped up between points H1 and H2.

Permanent obstruction

5

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

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

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

Temporary interference

6

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

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

• (b) for any reasonable time—

• (i) divert traffic from, and

• (ii) prevent persons passing along,

any highway or part of a highway, and

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

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

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

Street works

7

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

• (a) place apparatus in it,

• (b) maintain apparatus in it,

• (c) change the position of apparatus in it,

• (d) remove apparatus from it, and

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

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

8

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

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

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

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

• (3) In Part III of the New Roads and Street Works Act 1991, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of sub-paragraph (1) above, be construed as references to the nominated undertaker.

Construction

9

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

• (a) constructs a new highway, or

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

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

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

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

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

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

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

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

10

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

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

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

and the highway is one for which a local highway authority is the highway authority.

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

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

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

Maintenance

11

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

• (a) constructs a new highway, or

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

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

• (a) the date of practical completion, and

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

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

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

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

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

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

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

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

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

• (b) the structure of any tunnel carrying a highway under,

any railway of the nominated undertaker.

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

12

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

Bridges carrying highways

13

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

Agreements with highway authorities etc.

14

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

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

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

• (c) any other related matters.

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

Use of subsoil

15

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

SCHEDULE 4

Part I — Purposes for which Certain Land may be Acquired or Used

Part II — Application of Legislation Relating to Compulsory Purchase

Lands Clauses Consolidation Act 1845

1

The Lands Clauses Consolidation Act 1845 shall not apply to the acquisition of land under section 4(1) above.

Compulsory Purchase Act 1965

2

Part I of the Compulsory Purchase Act 1965, so far as not inconsistent with this Part of this Act, shall apply to an acquisition of land under section 4(1) above as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies and as if this Act were a compulsory purchase order under that Act.

3

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

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

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

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

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

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

Compulsory Purchase (Vesting Declarations) Act 1981

4

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

5

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

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

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

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

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

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

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

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

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

• (6) In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.

• (7) References to the Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under section 4(1) above.

Part III — Supplementary Provisions

Acquisition of subsoil

6

• (1) In the case of land specified in the following table (non-pedestrian tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres beneath the level of the surface of the land.

Area	No. on deposited plans
GREATER LONDON	GREATER LONDON
London Borough of Islington	307 to 318, 320 to 330, 332, 335, 338 to 739, 798, 799 and 803 to 1042
London Borough of Hackney	1 to 183, 185 to 211 and 213 to 772
London Borough of Newham	16 to 518, 522 to 540, 542 to 549, 551 to 1207, 1209 to 1223, 1235, 1236, 1238, 1240 to 1243 and 1246 to 1252
London Borough of Redbridge	8 to 14
London Borough of Barking and Dagenham	227 to 765, 767, 769 to 786, 794 and 796
COUNTY OF ESSEX	COUNTY OF ESSEX
Borough of Thurrock	99 and 103
COUNTY OF KENT	COUNTY OF KENT
Borough of Tonbridge and Malling, Parish of Aylesford	51 to 140 and 144 to 183
Borough of Tonbridge and Malling, Parish of Burham	1 to 9

• (2) In the case of land specified in the following table (pedestrian tunnels and ground anchors), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the subsoil or under-surface of the land as lies more than 2 metres beneath the level of the surface of the land.

Area	No. on deposited plans
GREATER LONDON	GREATER LONDON
London Borough of Camden	178
London Borough of Islington	740 to 771
COUNTY OF KENT	COUNTY OF KENT
Borough of Ashford, Parish of Mersham	39

• (3) In the case of any other land, the power conferred by section 4(1) above shall be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.

• (4) Section 8(1) of the Compulsory Purchase Act 1965 (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house) shall not apply where the power conferred by section 4(1) above is exercised in relation to the subsoil or under-surface of land only.

• (5) For the purposes of sub-paragraphs (1) and (2) above, the level of the surface of the land shall be taken—

• (a) in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

• (b) in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Acquisition of existing tunnels

7

In the case of land specified in the following table (existing railway tunnels), the power conferred by section 4(1) above shall only be exercisable in relation to so much of the land as is comprised in an existing railway tunnel.

Acquisition of new rights

8

• (1) The power conferred by section 4(1)(a) or (b) above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.

• (2) Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of sub-paragraph (1) above—

• (a) with the modifications specified in paragraph 9 below, and

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

9

• (1) The modifications referred to in paragraph 8(2)(a) above are as follows.

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

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

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

(1) This subsection applies where— (a) a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”) has been served on a person under section 5 of this Act, (b) in consequence of the service of the notice, a question of disputed compensation in respect of the purchase of the right would, apart from this section, fall to be determined by the Upper Tribunal, and (c) before the Upper Tribunal has determined that question, the person on whom the notice has been served satisfies the Upper Tribunal that the relevant conditions are met. (1A) The relevant conditions are— (a) that he has an interest which he is able and willing to sell in the whole of the relevant land; (b) where the relevant land consists of a house, building or manufactory, that it cannot be made subject to the right without material detriment to it; and (c) where the relevant land consists of a park or garden belonging to a house, that it cannot be made subject to the right without seriously affecting the amenity or convenience of the house. (1B) Where subsection (1) above applies— (a) the compulsory purchase order shall, in relation to the person on whom the notice to treat has been served— (i) cease to authorise the purchase of the right to which the notice relates, and (ii) be deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of a park or garden belonging to a house, the house, and (b) the notice to treat shall be deemed to have been served in respect of that interest on such date as the Upper Tribunal directs. (1C) Any question as to the extent of the land in which the compulsory purchase order is deemed to authorise the purchase of an interest by virtue of subsection (1B)(a)(ii) of this section shall be determined by the Upper Tribunal. (1D) Where the Upper Tribunal determines that the person on whom a notice to treat has been served has satisfied the Upper Tribunal as mentioned in subsection (1)(c) of this section, the acquiring authority may withdraw the notice at any time within the period of six weeks beginning with the date of the determination. (1E) Subsection (1D) of this section is without prejudice to any other power of the acquiring authority to withdraw the notice to treat.

• (4) The following provisions of that Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) namely—

• section 9(4) (failure of owners to convey),

• paragraph 10(3) of Schedule 1 (owners under incapacity),

• paragraph 2(3) of Schedule 2 (absent and untraced owners), and

• paragraphs 2(3) and 7(2) of Schedule 4 (common land),

shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be purchased compulsorily is vested absolutely in the acquiring authority.

• (5) Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of that Act shall be modified correspondingly.

• (6) Section 20 of that Act (compensation for short term tenants) shall apply with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right in question.

• (7) Section 22 of that Act (protection of acquiring authority’s possession of land where interest accidentally omitted from purchase) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

• (8) References in that Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or

• (b) the land over which the right is, or is to be, exercisable.

• (9) In the Land Compensation Act 1973, for section 44 there shall be substituted—

(44) (1) Where a right over land is purchased from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable. (2) In this section “compensation for injurious affection” means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996.

• (10) For section 58 of that Act there shall be substituted—

(58) In determining under section 8(1)(c) of the Compulsory Purchase Act 1965 as applied by paragraph 8(2) of Schedule 4 to the Channel Tunnel Rail Link Act 1996 whether— (a) a right over part of a house, building or manufactory can be taken without material detriment to the house, building or manufactory, or (b) a right over part of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house, the Upper Tribunal shall take into account not only the effect of the right on the whole of the house, building or manufactory or of the house and the park or garden but also the use to be made of the rights proposed to be acquired and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

10

• (1) The Secretary of State may by order provide, in relation to land to which this paragraph applies, that section 4(1) above, so far as relating to acquisition by virtue of paragraph 8(1) above, shall be treated as also authorising acquisition by such person as may be specified in the order.

• (2) This paragraph applies to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act.

• (3) The power to make an order under sub-paragraph (1) above includes power to make an order varying or revoking any order previously made under that provision.

Acquisition of part only of certain properties

11

• (1) Where—

• (a) a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, is served in respect of land forming part only of a house, building or factory or part only of land consisting of a house with a park or garden, and

• (b) a copy of this paragraph is served with the notice to treat,

the following provisions of this paragraph, with paragraph 12 below, shall apply instead of section 8(1) of the Compulsory Purchase Act 1965.

• (2) The person on whom the notice to treat is served (“the owner”) may within the period of 21 days beginning with the day on which the notice to treat is served on him, serve on the Secretary of State a counter-notice objecting to the sale of the part (“the land subject to the notice to treat”) and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).

• (3) If no counter-notice is served under sub-paragraph (2) above, the owner shall be required to sell the land subject to the notice to treat.

• (4) If a counter-notice is served under sub-paragraph (2) above and the Secretary of State agrees to take the land subject to the counter-notice, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

• (5) If a counter-notice is served under sub-paragraph (2) above and the Secretary of State does not agree to take the land subject to the counter-notice, the question as to what land the owner is to be required to sell shall be referred to the Upper Tribunal.

• (6) If, on a reference under sub-paragraph (5) above, the Upper Tribunal determines that the land subject to the notice to treat can be taken—

• (a) without material detriment to the remainder of the land subject to the counter-notice, and

• (b) where the land subject to the notice to treat consists of or includes garden only land, without seriously affecting the amenity and convenience of the relevant house,

the owner shall be required to sell the land subject to the notice to treat.

• (7) If, on such a reference, the Upper Tribunal determines that only part of the land subject to the notice to treat can be taken as mentioned in sub-paragraph (6) above, the notice to treat shall, subject to sub-paragraph (8) below, be deemed to be a notice to treat for that part.

• (8) Where the land subject to the notice to treat is not land which consists of or includes garden only land, sub-paragraph (7) above shall only have effect to deem the notice to treat to be a notice to treat for land which does consist of or include garden only land if the Upper Tribunal determines that that land can be taken without seriously affecting the amenity and convenience of the relevant house.

• (9) If, on such a reference, the Upper Tribunal determines—

• (a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, but

• (b) that the material detriment is confined to part of the remainder of that land,

then, except where sub-paragraph (10) below applies, the notice to treat shall be deemed to be a notice to treat in addition for the land to which the material detriment is confined.

• (10) If, in a case where the land subject to the notice to treat consists of or includes garden only land, the Upper Tribunal determines on such a reference that none of the land subject to the notice to treat can be taken without seriously affecting the amenity or convenience of the relevant house, the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

• (11) If, on such a reference, the Upper Tribunal determines—

• (a) that none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice, and

• (b) that the material detriment is not confined to part of the remainder of that land,

the notice to treat shall be deemed to be a notice to treat in addition for the remainder of the land subject to the counter-notice.

• (12) For the purposes of this paragraph, the land subject to the notice to treat consists of or includes garden only land if it consists of the whole or part of a park or garden belonging to a house or if it includes the whole or part of such a park or garden but does not include the house (“the relevant house”) or any part of it.

12

• (1) Where under paragraph 11 above a notice to treat is deemed by virtue of a determination of theUpper Tribunal to be a notice to treat for less land or more land than that specified in the notice, the Secretary of State may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice.

• (2) If the Secretary of State withdraws a notice to treat under sub-paragraph (1) above, he shall pay the person on whom the notice was served compensation for any loss or expense occasioned to that person by the giving and withdrawal of the notice, such compensation to be determined in case of dispute by the Upper Tribunal.

• (3) Where under paragraph 11 above a person is required to sell part only of a house, building or factory or of land consisting of a house with a park or garden, the Secretary of State shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.

• (4) A notice to treat shall have the effect which it is deemed to have under paragraph 11(4), (9), (10) or (11) above whether or not the additional land is, apart from that provision, land which the Secretary of State is authorised to acquire compulsorily under this Part of this Act.

Minerals

13

• (1) Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines or minerals underlying an authorised undertaking) shall have effect in relation to land to which section 4(1) above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

• (2) In their application by virtue of sub-paragraph (1) above, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications—

• (a) references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker, and

• (b) references to the undertaking shall be construed as references to the undertaking which the nominated undertaker is authorised by this Part of this Act to carry on.

Power to require acquisition where time limit extended

14

• (1) If the Secretary of State makes an order under section 47(2) above, the following provisions shall have effect as from the coming into operation of that order.

• (2) If an owner or lessee of any of the land in relation to which the order is made gives notice in writing to the Secretary of State that he desires his interest in such of that land as is specified in the notice to be acquired by the Secretary of State, the Secretary of State shall, within the period of 3 months immediately following receipt of the notice—

• (a) enter into an agreement with him for the acquisition of his interest in the whole or part of the land specified in the notice,

• (b) exercise the relevant powers of compulsory acquisition in respect of his interest in the whole or part of the land specified in the notice, or

• (c) serve on him notice in writing of the Secretary of State’s intention not to proceed with the purchase of his interest in any of the land specified in the notice.

• (3) Where—

• (a) a person gives the Secretary of State notice under sub-paragraph (2) above, and

• (b) the Secretary of State—

• (i) fails to comply with the requirements of that sub-paragraph,

• (ii) withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

• (iii) serves on the owner notice in compliance with paragraph (c) of that sub-paragraph,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in any of the land specified in the notice under sub-paragraph (2) above.

• (4) Where—

• (a) a person gives the Secretary of State notice under sub-paragraph (2) above, and

• (b) the Secretary of State acquires in pursuance of paragraph (a) or (b) of that sub-paragraph that person’s interest in some, but not all, of the land specified in the notice,

the relevant powers of compulsory acquisition shall cease to be exercisable in respect of that person’s interest in the remainder of that land.

• (5) In this paragraph—

• “lessee” means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above,

• “owner”, in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion, and

references to the relevant powers of compulsory acquisition are to—

• (a) the power to serve a notice to treat under Part I of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1) above, and

• (b) the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph 4 above.

15

• (1) Paragraph 14 above shall not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than the relevant distance below the level of the surface of the land.

• (2) In sub-paragraph (1) above, the reference to the relevant distance is—

• (a) in the case of a work consisting of a pedestrian tunnel or ground anchor, 2 metres, and

• (b) in the case of any other work, 9 metres.

• (3) For the purposes of sub-paragraph (1) above, the level of the surface of the land shall be taken—

• (a) in the case of any land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

• (b) in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Compensation

16

Section 4 of the Acquisition of Land Act 1981 (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Part of this Act as if it were a compulsory purchase for the purposes of that Act.

SCHEDULE 5

Occupation and use for construction of works

1

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

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

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

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

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