Office of Public Sector Information
PART I continued
(5) Before making an order under section 29 of the 1976 Act in relation to a scheduled works agreement, the Secretary of State shall consult the Director General of Fair Trading.
(6) Section 29(2) of the 1976 Act (conditions which the Secretary of State must be satisfied are met before approving an agreement) shall have effect, in relation to a scheduled works agreement, with the substitution for paragraph (b) of—
“(b) that its object or main object is the facilitation of the design, construction, financing, maintenance or operation of any of the scheduled works within the meaning of the Channel Tunnel Rail Link Act 1996;”.
(7) Without prejudice to the powers of revocation conferred by subsection (5) of section 29 of the 1976 Act, the Secretary of State may at any time by order revoke an order made under that section in relation to a scheduled works agreement if—
(a) he is requested to do so by a party to the agreement, and
(b) he has given to each of the parties to the agreement at least 28 days' notice of his intention to make the order.
(8) Where the Secretary of State approves a scheduled works agreement for the purposes of section 29 of the 1976 Act, he may by order provide that, in relation to any agreement made in pursuance of the approved agreement which is of a class specified in the order, such of the parties to the approved agreement as may be so specified and any body corporate which is a member of the same group as any of them shall be deemed to be interconnected bodies corporate for the purposes of that Act.
(1) Where two or more persons are specified under section 34 below as the nominated undertaker for the same purpose of the same provision, the Secretary of State may by order provide that the persons so specified and any body corporate which is a member of the same group as any of them shall be deemed to be members of one and the same group of interconnected bodies corporate for the purposes of the relevant monopoly provisions of the [1973 c. 41.] Fair Trading Act 1973 (“the 1973 Act”).
(2) Where the Secretary of State approves a scheduled works agreement for the purposes of section 29 of the [1976 c. 34.] Restrictive Trade Practices Act 1976, he may by order provide that, in relation to any relevant goods or services, such of the parties to the agreement as may be specified in the order and any body corporate which is a member of the same group as any of them shall be deemed for the purposes of the relevant monopoly provisions of the 1973 Act to be members of one and the same group of interconnected bodies corporate.
(3) In subsection (2) above, the reference to any relevant goods or services is to any goods or services which are—
(a) supplied in connection with the design, construction, financing, maintenance or operation of any of the scheduled works, and
(b) of a description specified in the order.
(4) For the purposes of subsections (1) and (2) above, the relevant monopoly provisions of the 1973 Act are sections 6(1)(b) (monopoly situation in relation to the supply of goods by or to members of one and the same group of interconnected companies) and 7(1)(b) (corresponding provision in relation to the supply of services).
(1) Where two or more persons are specified under section 34 below as the nominated undertaker for the same purpose of the same provision, the Secretary of State may by order provide that the persons so specified and any body corporate which is a member of the same group as any of them shall be deemed to be persons who are to be treated as associated for the purposes of section 2 of the [1980 c. 21.] Competition Act 1980.
(2) Where the Secretary of State approves a scheduled works agreement for the purposes of section 29 of the Restrictive Trade Practices Act 1976, he may by order provide that, in relation to any relevant course of conduct, such of the parties to the agreement as may be specified in the order and any body corporate which is a member of the same group as any of them shall be deemed to be persons who are to be treated as associated for the purposes of section 2 of the [1980 c. 21.] Competition Act 1980.
(3) In subsection (2) above, the reference to any relevant course of conduct is to any course of conduct engaged in in connection with the design, construction, financing, maintenance or operation of any of the scheduled works.
(1) Before exercising the power conferred by section 23(2) or (8), 24(1) or (2) or 25(1) or (2) above, the Secretary of State shall consult the Director General of Fair Trading.
(2) An order under section 23(2) or (8), 24(1) or (2) or 25(1) or (2) above may impose, on any person to whom any provision made under that subsection relates, such requirements as the Secretary of State considers it expedient to impose in connection with that provision.
(3) Subsections (3) and (4) of section 93 of the [1973 c. 41.] Fair Trading Act 1973 (enforcement of directions) shall apply in relation to requirements imposed under subsection (2) above as they apply in relation to directions under section 90(7) of that Act.
(4) Orders under section 23(2) or (8), 24 or 25 above, and orders made by virtue of section 23(4) above, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In sections 23 to 25 above, “group” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the [1985 c. 6.] Companies Act 1985.
(1) Where any tree overhangs land used for the purposes of the nominated undertaker’s undertaking under this Part of this Act, the nominated undertaker may by notice to the occupier of the land on which the tree is growing require the tree to be removed, topped or lopped if it is necessary for that to be done—
(a) to enable the works authorised by this Part of this Act to be maintained, or
(b) for reasons of safety in connection with the operation of any railway comprised in those works.
(2) If, within the period of 28 days beginning with the giving by the nominated undertaker of a notice under subsection (1) above, the occupier of the land on which the tree to which the notice relates is growing gives the nominated undertaker a counter-notice objecting to the removal, topping or lopping of the tree, the notice shall have effect only if confirmed by an order of the county court.
(3) If at any time a notice under subsection (1) above has not been complied with and either—
(a) a period of 28 days beginning with the giving of the notice has expired without a counter-notice having been given, or
(b) an order of the court confirming the notice has come into force,
the nominated undertaker may itself cause the tree to which the notice relates to be removed, topped or lopped as mentioned in subsection (1) above.
(4) Where the power conferred by subsection (3) above is exercisable in relation to any tree, the nominated undertaker may—
(a) enter the land on which the tree is growing for the purpose of exercising that power in relation to it, and
(b) take with it such vehicles and equipment as are necessary for that purpose.
(5) Where the nominated undertaker tops or lops a tree in exercise of the power conferred by subsection (3) above, it shall do so in a husband-like manner and in such a way as to cause the minimum of damage to the tree.
(6) Where—
(a) a notice under subsection (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or
(b) the nominated undertaker exercises the power conferred by subsection (3) above,
the county court shall, on application made by a person who has suffered loss or damage in consequence of the removal, topping or lopping of the tree concerned or who has incurred expenses in complying with the notice, order the nominated undertaker to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.
(1) The following, namely—
(a) an order under section 198(1) of the [1990 c. 8.] Town and Country Planning Act 1990 (tree preservation orders), and
(b) section 211(1) of that Act (which prohibits the doing in a conservation area of any act which might be prohibited by a tree preservation order),
shall not apply to any tree works which are authorised for the purposes of this section.
(2) Tree works are authorised for the purposes of this section if—
(a) they are carried out in compliance with a notice under subsection (1) of section 27 above or in exercise of the power conferred by subsection (3) of that section,
(b) they are carried out in relation to a tree growing on land within the relevant limits and for the purposes of or in connection with the construction of the works authorised by this Part of this Act, or
(c) they are carried out in relation to a tree growing on land used for the purpose of the nominated undertaker’s undertaking under this Part of this Act and in circumstances where it is necessary for them to be carried out—
(i) to enable the works authorised by this Part of this Act to be maintained, or
(ii) for reasons of safety in connection with the operation of any railway comprised in those works.
(3) In subsection (2)(b) above, the reference to land within the relevant limits is to land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.
(4) In this section, references to tree works are to works consisting of the removal, topping or lopping of a tree.
(1) In the [1974 c. 40.] Control of Pollution Act 1974, sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) shall have effect, in relation to works carried out in exercise of the powers conferred by this Part of this Act, with the following modifications.
(2) In subsection (7) (appeal against failure to give consent or the giving of qualified consent), for “a magistrates' court” there shall be substituted “the Secretary of State”.
(3) After that subsection there shall be inserted—
“(7A) If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration.”
(4) The Secretary of State for the Environment and the Secretary of State for Transport acting jointly may by regulations made by statutory instrument make in relation to appeals which are referred to arbitration under subsection (7A) of section 60 or 61 of the Control of Pollution Act 1974 any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part III of that Act to the Secretary of State.
(1) Where proceedings are brought under section 82(1) of the [1990 c. 43.] Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—
(a) that the nuisance relates to premises used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works, and
(b) that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.
(2) The following provisions of the Control of Pollution Act 1974, namely—
(a) section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and
(b) section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),
shall not apply where the consent relates to the use of premises by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.
(1) The Secretary of State may make payments under any agreement entered into by him for the purpose of securing the construction of—
(a) any of the works authorised by this Part of this Act, or
(b) any related works.
(2) For the purposes of this section, the following are related works—
(a) a station at Stratford, in the London Borough of Newham, for use in connection with the rail link, and
(b) a railway providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line.
(1) The Secretary of State may make payments to the nominated undertaker, or its nominee, in pursuance of an agreement for the payment, for such period as may be specified in the agreement, of such sum as may be so specified for the reservation of rights of use in relation to the rail link.
(2) The Secretary of State may make, to any person charged with responsibility in relation to the selection of persons to exercise rights of use in relation to the rail link which are reserved to the Secretary of State under an agreement with the nominated undertaker (“reserved rights of use”), such payments in respect of the discharge of that responsibility as the Secretary of State thinks fit.
(3) The Secretary of State may give to any person exercising reserved rights of use such financial assistance in relation to the exercise of those rights as he thinks fit.
(4) Financial assistance under subsection (3) above shall be on such terms and subject to such conditions as the Secretary of State thinks fit.
(1) Any undertaking of the Secretary of State which—
(a) is given with respect to applications for assistance of a kind to which subsection (2) below applies, and
(b) is contained in a development agreement,
shall be effective notwithstanding that it fetters his discretion.
(2) This subsection applies to—
(a) any kind of financial or other assistance in relation to an existing railway line which might allow it to be used to provide a line speed in excess of 200 kilometres per hour before 31st December 2030, and
(b) any kind of financial or other assistance which before that date would enable or assist a person to provide services or facilities for international rail passenger services.
(1) The Secretary of State may by order provide that a person specified in the order shall be the nominated undertaker for such purposes of such provisions of this Part of this Act as may be so specified.
(2) Where, in the case of any provision of this Part of this Act which refers to the nominated undertaker, there is any purpose of the provision for which there is no one who is the nominated undertaker under subsection (1) above, any reference in the provision to the nominated undertaker shall be construed, in relation to that purpose, as a reference to the Secretary of State.
(3) An agreement by the Secretary of State with respect to the exercise of his discretion under subsection (1) above shall be effective notwithstanding that it fetters his discretion.
(4) An order under subsection (1) above may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.
(5) The Secretary of State may by order make such modifications of any provision of this Part of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) above has effect, as appear to him to be necessary or expedient in consequence of his having functions by virtue of that subsection.
(6) The power to make an order under this section shall be exercisable by statutory instrument.
(7) A statutory instrument containing an order under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) If the Secretary of State acquires any land for the purposes of this Part of this Act from a railway operator and there are situated on the land works authorised by statute, he may by order provide for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator—
(a) to him, or
(b) to a person specified under section 34 above.
(2) The Secretary of State may by order provide for the further transfer—
(a) to him, or
(b) to a person specified under section 34 above,
of a power or duty transferred under subsection (1) above or this subsection.
(3) If a railway operator acquires from the Secretary of State any land on which there are situated works authorised by this Part of this Act, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Part of this Act relating to the works.
(4) An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.
(5) In subsections (1) and (3) above, references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.
(6) In this section, “light maintenance depot”, “network” and “station” have the same meanings as in Part I of the [1993 c. 43.] Railways Act 1993.
Section 10(1) of the [1965 c. 56.] Compulsory Purchase Act 1965 (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of works under this Part of this Act, with the substitution for “acquiring authority have” of “nominated undertaker has”.
(1) Where the nominated undertaker considers that a matter affects—
(a) the construction, maintenance or operation of the rail link, and
(b) the construction, maintenance or operation of a railway asset which is not a rail link asset,
it may by notice in writing require the operator of the asset to enter into an agreement with it about how the matter is to be dealt with.
(2) Where the operator of a railway asset which is not a rail link asset considers that a matter affects—
(a) the construction, maintenance or operation of the asset, and
(b) the construction, maintenance or operation of the rail link,
it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.
(3) The terms of an agreement under subsection (1) or (2) above shall be such as the nominated undertaker and the operator of the asset may agree or, in default of agreement, as may be determined by arbitration.
(4) For the purposes of subsections (1) and (2) above a railway asset is a rail link asset if—
(a) in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in the rail link, and
(b) in the case of a railway asset consisting of any train being used on a network, the network is comprised in the rail link.
(5) In this section—
“light maintenance depot”, “network”, “railway asset” and “station” have the same meanings as in Part I of the Railways Act 1993; and
“operator”, in relation to a railway asset, means the person having the management of the asset for the time being.
Schedule 10 to this Act (which makes provision for the disapplication and modification of miscellaneous statutory and other controls in relation to things done under this Part of this Act and otherwise for the purposes of this Part of this Act) shall have effect.
(1) Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.
(2) Subsection (1) above shall not apply in relation to land in which human remains are interred unless—
(a) the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 11 to this Act, and
(b) any monument to the deceased has been dealt with in accordance with those provisions,
and the other requirements of that Schedule, so far as relating to the nominated undertaker, have been complied with.
(3) Subsection (2) above shall not apply where the use of the land for the purpose mentioned in subsection (1) above does not involve disturbing the human remains which are interred in it.
(4) In this section (and Schedule 11 to this Act)—
“enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament; and
“monument” includes a tombstone or other memorial;
and references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.
(1) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall apply in relation to the rights and obligations of the parties to a development agreement lease or a lease to which subsection (2) below applies—
(a) so as to exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter,
(b) so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease, or
(c) so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.
(2) This subsection applies to a lease if it is granted by the Secretary of State and—
(a) it is one on the grant of which a development agreement, or an agreement connected with such an agreement, is conditional, or
(b) it contains a statement to the effect that it is granted for purposes connected with the construction or operation of the rail link.
(3) In this section, “development agreement lease” means a lease granted by the Secretary of State in pursuance of a development agreement, or an agreement connected with such an agreement, and references to a development agreement lease include any provisions of a development agreement, or an agreement connected with such an agreement, providing for the grant of a lease of any land by the Secretary of State.
(4) For the purposes of this section, an agreement is connected with a development agreement if the development agreement is expressed to be conditional upon it being entered into.
(5) This section shall be deemed to have come into force on 4th July 1995.
(1) Section 2(1) to (6) of the [1989 c. 34.] Law of Property (Miscellaneous Provisions) Act 1989 (under which a contract for the sale etc. of land can only be made by incorporating all the terms agreed in one document) shall not apply in relation to the variation of a development agreement.
(2) This section shall be deemed to have come into force on 31st May 1996.
(1) If an application under section 6 of the [1992 c. 42.] Transport and Works Act 1992 (application for an order under section 1 of that Act) is made by a relevant undertaker, section 9 of that Act (procedure where the Secretary of State considers an application relates to proposals of national significance) shall have effect in relation to the application with the insertion at the end of subsections (1) and (2) of “or relate to, or to matters ancillary to, the construction of works which are related works for the purposes of section 31 of the Channel Tunnel Rail Link Act 1996”.
(2) In subsection (1) above, the reference to a relevant undertaker is to a person who, under section 34 above, is the nominated undertaker for any purpose of section 1(1) above, so far as relating to the rail link.
(1) Where under this Part of 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) The Secretary of State for the Environment 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 Part of this Act.
Channel Tunnel Rail Link Act 1996