Crossrail Act 2008

• (1) If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than 10 days' notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.

• (2) If on such application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect a matter is misstated or wrongly described.

• (3) A certificate under subsection (2) shall be deposited in the office of the Clerk of the Parliaments and a copy of it shall be deposited—

• (a) in the Private Bill Office of the House of Commons, and

• (b) with the proper officer of each local authority in whose area the land to which the certificate relates is situated.

• (4) Upon deposit of a certificate in accordance with subsection (3), the deposited plans or the book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference had always been in the corrected form.

• (5) A copy certificate deposited under subsection (3) shall be kept with the documents to which it relates.

• (6) A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if he may act in respect of land in either area.

• (7) In this section—

• “book of reference” means the book deposited in connection with the Crossrail Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons in February 2005, together with the books so deposited on 18th January, 9th May, 7th November 2006 and 16th May 2007;

• “local authority” means—in relation to land situated in the area of a unitary authority, that authority, andin relation to land not situated in the area of a unitary authority, the county council for the area.

Service of documents

53

• (1) Any document required or authorised to be served on any person under this Act may be served—

• (a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address,

• (b) if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of that body, or

• (c) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having control or management of the partnership business.

• (2) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

• (a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;

• (b) in the case of service on a partnership or a partner or a person having control or management of a partnership business, it shall be the address of the principal office of the partnership.

• (3) For the purposes of subsection (2), the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

• (4) If a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he, or someone on his behalf, will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of section 7 of the Interpretation Act 1978 in its application to this section.

• (5) Where a document is required or authorised to be served under this Act on a person in his capacity as the owner of an interest in, or occupier of, any land and his name or address cannot be ascertained after reasonable enquiry, the document may be served by addressing it to him by name or by the description of “owner” or “occupier”, as the case may be, of the land and—

• (a) leaving it with a person who is, or appears to be, resident or employed on the land, or

• (b) leaving it conspicuously affixed to some building or object on or near the land.

• (6) In this section, “secretary”, in relation to a local authority within the meaning of the Local Government Act 1972 (c. 70), means the proper officer within the meaning of that Act.

Arbitration

54

• (1) Where under this Act any difference is to be referred to arbitration, the difference shall be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.

• (2) Subsection (3) applies where—

• (a) a party has under subsection (1) applied for the arbitrator to be appointed by the President of the Institution of Civil Engineers, and

• (b) the President notifies either of the parties that he is not going to appoint an arbitrator under subsection (1).

• (3) In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of either party, after notice in writing to the other, by the Office of Rail and Road.

• (4) The Office of Rail and Road may under subsection (3) appoint as the arbitrator a member or employee of that Office.

• (5) The Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport acting jointly may by rules made by statutory instrument make provision about procedure in relation to arbitration under this Act.

• (6) A statutory instrument containing rules under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Final

“Deposited plans”, “deposited sections”

55

• (1) In this Act, “deposited plans” and “deposited sections” mean, respectively, the plans and sections deposited in connection with the Crossrail Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

• (2) The plans and sections referred to in subsection (1) are—

• (a) those deposited in February 2005, as altered by replacement Sheets Nos. 11, 17, 23, 43, 44, 113, 114, 152, 158, 180, 181 and 193 deposited in January 2006, replacement Sheets Nos. 4, 26, 33, 46, 48, 102, 155, 156, 180 and 206 deposited in May 2006, replacement Sheets Nos. 1 to 6, 9, 10, 13, 17, 21, 22, 25, 32, 47, 59 to 62, 70, 86, 112, 121, 128 to 130 and 162 to 164 deposited in November 2006, replacement Sheets Nos. 30 to 37 and 169 to 174 deposited in May 2007 and consolidated replacement Sheets Nos. 14, 15, 155 and 156 deposited in July 2007,

• (b) Sheet No. 244 deposited in January 2006,

• (c) Sheets Nos. 25a, 246 to 257 and 259 to 275 deposited in November 2006, and

• (d) consolidated replacement Sheet No. 245 deposited in July 2007.

Interpretation

56

• (1) In this Act—

• “bridleway”, “carriageway”, “footpath”, “footway”, “highway”, “highway authority” and “local highway authority” have the same meanings as in the Highways Act 1980 (c. 66);

• “burial ground” means a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment;

• “development” has the same meaning as in the Town and Country Planning Act 1990 (c. 8);

• “the EIA regulations” has the meaning given by section 10(9);

• “limits of deviation” means the limits of deviation which are shown on the deposited plans;

• “limits of land to be acquired or used” means the limits of land to be acquired or used which are shown on the deposited plans;

• “owner” has the same meaning as in the Acquisition of Land Act 1981 (c. 67);

• “scheduled works” has the meaning given by section 1(1);

• “unitary authority” means—the council of any county so far as it is the council for an area for which there are no district councils;the council of any district comprised in an area for which there is no county council;the council of a London borough;the Common Council of the City of London.

• (2) References in this Act to Crossrail are to 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.

• (3) References in this Act 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.

• (4) References in this Act to the nominated undertaker shall be construed in accordance with section 39.

• (5) In this Act—

• (a) a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans;

• (b) a reference to a work identified by numbers (or numbers and a letter) is a reference to the scheduled work of those numbers (or those numbers and letter);

• (c) any reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, shall be construed as if qualified by the words “or thereabouts”;

• (d) reference to distance, in relation to points on a road or railway, is to distance measured along the centre line of the road or railway.

• (6) For the purposes of this Act, the level of the surface of land shall be taken—

• (a) in the case of 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.

Financial provisions

57

There shall be paid out of money provided by Parliament—

• (a) any expenditure incurred by the Secretary of State in consequence of this Act, and

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

Short title

58

This Act may be cited as the Crossrail Act 2008.

SCHEDULE 1

Description of works

The works which the nominated undertaker is authorised by section 1 to make and maintain are the following–

In the City of Westminster, London Boroughs of Camden, Islington and Tower Hamlets and City of London–

In the London Boroughs of Tower Hamlets and Newham–

In the London Borough of Newham–

In the London Boroughs of Newham and Greenwich–

In the London Borough of Greenwich—

In the London Boroughs of Greenwich and Bexley–

In the City of Westminster and Royal Borough of Kensington & Chelsea–

In the City of Westminster–

In the City of Westminster and London Borough of Camden–

In the London Borough of Camden–

In the City of London–

In the City of London and London Borough of Islington–

In the City of London–

In the London Borough of Tower Hamlets–

In the London Borough of Newham–

In the London Boroughs of Greenwich and Bexley–

In the London Borough of Greenwich–

In the London Borough of Bexley–

In the London Boroughs of Greenwich and Bexley–

In the London Borough of Bexley–

In the London Boroughs of Tower Hamlets and Newham–

In the London Borough of Newham–

In the London Borough of Tower Hamlets—

In the London Borough of Newham–

In the London Boroughs of Redbridge and Newham–

In the London Borough of Newham–

In the London Boroughs of Redbridge and Barking & Dagenham–

In the London Boroughs of Barking & Dagenham and Havering–

In the London Borough of Havering–

In the County of Essex, Borough of Brentwood–

In the County of Essex, District of Basildon–

In the London Borough of Redbridge—

In the London Borough of Newham—

In the County of Berkshire, Royal Borough of Windsor & Maidenhead–

In the County of Berkshire, Borough of Slough–

In the County of Berkshire, Borough of Slough and County of Buckinghamshire, District of South Bucks, Parish of Iver–

In the County of Berkshire, Borough of Slough—

In the County of Buckinghamshire, District of South Bucks, Parish of Iver–

In the London Borough of Hillingdon–

In the London Borough of Ealing–

In the London Borough of Hammersmith & Fulham–

In the London Borough of Hammersmith & Fulham and the Royal Borough of Kensington & Chelsea—

In the London Borough of Hammersmith & Fulham—

In the London Borough of Hammersmith & Fulham and the Royal Borough of Kensington & Chelsea—

In the London Borough of Hammersmith & Fulham and the Royal Borough of Kensington & Chelsea—

In the Royal Borough of Kensington & Chelsea—

SCHEDULE 2

Additional works

1

• (1) The nominated undertaker may, for the purposes of or in connection with the scheduled works or otherwise for the purposes of or in connection with Crossrail, do any of the following 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 railway electrification and signalling works;

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

• (c) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,

• (d) alter or remove any structure erected upon any highway or adjoining land,

• (e) alter, or alter the position of, railway track and any apparatus associated with railway track,

• (f) alter, or alter the position of, other apparatus, including mains, sewers, drains and cables,

• (g) alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and

• (h) carry out and maintain such other works, of whatever description, as may be necessary or expedient.

• (2) Sub-paragraph (1) shall not authorise the making of any cut for drainage purposes which is more than 3.4 metres wide at the bottom.

Highway accesses

2

• (1) The nominated undertaker may, for the purposes of or in connection with the works authorised by this Act or otherwise for the purposes of or in connection with Crossrail—

• (a) form and lay out means of access, and

• (b) improve existing means of access,

at any place within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

• (2) In the case of works at a place shown on the deposited plans which require the opening of an access onto, or the alteration of, a highway used by vehicular traffic, the power under sub-paragraph (1) is exercisable on giving at least 28 days' notice to the highway authority.

• (3) Works which are the subject of a notice under sub-paragraph (2) may not be carried out at the place shown on the deposited plans if, within 28 days of the giving of the notice, the highway authority objects to the works being carried out there by giving the nominated undertaker notice to that effect.

• (4) The only ground on which the highway authority may object under sub-paragraph (3) is that works under sub-paragraph (1) should be carried out instead at another place within the relevant limits to prevent or reduce—

• (a) injury to local amenity, or

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

and are reasonably capable of being carried out there.

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

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

• (a) injury to local amenity, or

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

and are reasonably capable of being so modified.

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

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

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

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

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

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

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

Overhead line diversions

3

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

Mitigation and protection works

4

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

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

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

Support of buildings

5

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

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

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

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

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

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

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

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

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

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

• (9) In this paragraph—

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

• “notice” means notice in writing, and

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

6

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

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

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

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

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

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

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

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

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

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

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

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

7

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

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

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

Discharge of water

8

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

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

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

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

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

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

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

• (8) In this paragraph—

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

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

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

Entry for preparatory purposes

9

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Temporary interference with waterways

10

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

• the River Thames,

• the River Lea,

• West India Dock North and South,

• Poplar Cut,

• the Grand Union Canal,

• the Regent's Canal,

• Bellmouth Passage,

• City Mill River, and

• Frays River.

• (2) The nominated undertaker may—

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

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

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

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

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

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

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

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

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

SCHEDULE 3

Stopping-up

1

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

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

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

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

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

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

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

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

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

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

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

2

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

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

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

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

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

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

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

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

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

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

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

• (a) specifying—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (c) the London Fire Commissioner,

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

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

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

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

3

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

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

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

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

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

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

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

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

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

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

Permanent obstruction

4

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

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

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

Temporary interference

5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Working sites in highways

6

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

Street works

7

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

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

• (b) remove apparatus from it, and

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

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

8

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

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

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

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

Construction

9

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

• (a) constructs a new highway, or

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

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

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

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

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

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

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

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

10

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

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

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

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

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

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

Maintenance

11

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

• (a) constructs a new highway, or

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

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

• (a) the date of practical completion, and

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

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

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

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

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

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

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

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

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

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

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

12

Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845 (c. 20), as incorporated with this Act, the nominated undertaker shall not be liable to maintain the surface of any highway under or over which the scheduled works shall be constructed, or the immediate approaches to any such highway.

Bridges carrying highways

13

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

Agreements with highway authorities etc.

14

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

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

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

• (c) any other related matters.

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

Use of subsoil

15

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

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