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Channel Tunnel Rail Link Act 1996 (c. 61)

(The document as of February, 2008)

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34 (1) Unless the appropriate Ministers direct otherwise, their functions in relation to the determination of an appeal under paragraph 32 above shall, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(2) The appropriate Ministers may by a further direction revoke a direction under sub-paragraph (1) above at any time before the determination of the appeal.

(3) A direction under sub-paragraph (1) or (2) above shall be served on the nominated undertaker and the planning authority whose decision is appealed against.

(4) At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the appropriate Ministers may revoke his appointment and appoint another person to determine the appeal instead.

(5) Where the function of determining an appeal under paragraph 32 above is transferred from one person to another, the person to whom the function is transferred shall consider the matter afresh, but the fact that the function is transferred shall not entitle any person to make fresh representations or to modify or withdraw any representations already made.

(6) If the appropriate Ministers determine an appeal which another person was previously appointed to determine, they may, in determining it, take into account any report made to them by that person.

35 The decision of the person appointed under paragraph 34 above, or, as the case may be, of the appropriate Ministers, on an appeal under paragraph 32 above shall be final.

36 (1) An appeal under paragraph 32 above shall be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise.

(2) Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 32 above.

(3) Regulations under sub-paragraph (2) above may, in particular--

(a) make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents,

(b) empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and

(c) empower the person deciding an appeal, after giving written notice of his intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

(4) Regulations under sub-paragraph (2) above may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a) above--

(a) prescribe the time limit in the regulations, or

(b) enable the appropriate Ministers to give directions setting the time limit in a particular case or class of case.

37 (1) Regulations under paragraph 32 or 36 above may make different provision for different cases.

(2) The power to make regulations under paragraph 32 or 36 above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.



Interpretation

38 (1) In this Schedule--

  • "building" includes any structure, other than--

    (a)

    anything in the nature of plant or machinery,

    (b)

    any gate, fence, wall or other means of enclosure, or

    (c)

    any tunnel, earthwork or railway track bed,

    but does not include anything temporary or, except where forming part of a station and intended for public use, anything underground;

  • "deemed planning permission" means the planning permission deemed by section 9 above to be granted;

  • "development" has the same meaning as in the [1990 c. 8.] Town and Country Planning Act 1990; and

  • "permitted development" means development to which the deemed planning permission relates.

(2) In this Schedule--

(a) references to the appropriate Ministers are to the Secretary of State for the Environment and the Secretary of State for Transport and, in relation to the carrying out of any function, are to those Ministers acting jointly, and

(b) 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.

(3) For the purposes of this Schedule, spoil or top soil is surplus if it is not used for the purposes of any of the works authorised by this Part of this Act.



Section 12.

SCHEDULE 7 Heritage



Listed buildings and conservation areas

1 (1) Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 30th September 1994 and is specified in columns (1) and (2) of the following table--

(a) section 7 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Part of this Act,

(b) to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c) no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and

(d) no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2) In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by this Part of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.

(3) Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.

(4) If a building included in a conservation area and not a listed building--

(a) was not included in a conservation area immediately before 30th September 1994, or

(b) was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,

section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Part of this Act.

(5) Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

(6) In this paragraph, "building" and "listed building" have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.



The Table Buildings Authorised to be Demolished

(1)(2)(3)
AreaBuildings authorised to be demolishedLimit of authorised demolition or alteration
GREATER LONDON
London Borough of CamdenSt. Pancras Station and Chambers comprising trainshed, Chambers and ancillary buildings, including those in the forecourt. Grade I.Demolition of structures at ground and upper levels to the north and on the west side of the trainshed and alterations and partial demolition elsewhere.
Great Northern Hotel, Pancras Road. Grade II.Partial demolitions and alterations in service yard and remedial alterations elsewhere.
26 Pancras Road (German Gymnasium). Grade II.Demolition of entrance, including stairs and passageway, and western hall and alterations and partial demolition elsewhere.
Kings Cross Station. Grade I.Demolition of porte cochere and part of west side offices and remedial alterations elsewhere.
Front boundary wall to Euston Road Fire Brigade Station. Grade II.
Flats 1 to 20 Stanley Buildings, Stanley Passage (south side). Grade II.Demolition of flats 1 to 10 and remedial alterations elsewhere.
3 linked gas holders, Goods Way (west side). Grade II.
Water point north of St. Pancras Station. Grade II.
Nos. 1 to 11 (odd) Euston Road.
Red Star Parcels office, Cheney Road.
Former Police buildings, Cheney Road.
Former Motorail Terminal, Cheney Road.
South Side Buildings, Wellers Court.
British Rail Staff Association Clubhouse, 2b Pancras Road.
Kings Cross taxi park cafe (temporary building), Pancras Road.
22, 24, 28, 30 and 32 Pancras Road.
Buildings at 40 Pancras Road.
1 to 4 Gas Works Cottages, Battle Bridge Road.
Single unlisted gas holder, associated gas governor and gas supply building and apparatus, Battle Bridge Road.
Units 1 to 6, 1 Battle Bridge Road.
The Battle Bridge Centre, 2 to 6 Battle Bridge Road.
Warehouse, 1 and 2 Goods Way.
1 Camley Street.
Fuel depot and electricity substation complex, Wharf Road.
Railway bridge (No. 8) over Regent's Canal.
Railway bridge (No. 6) over Camley Street.
Light industrial unit, Camley Street (south of railway bridge No. 6).
2 solid waste transfer stations, Camley Street.
2 unlisted gas holders, Camley Street (west side).
No. 1 Midland Road and railway bridge No.1, at the junction of Pancras Road and Goods Way.
Arches 42 to 47 inclusive, 48 to 54 (even), 58 to 90(a) (even) (east side of Pancras Road) and disused coal drops above.
Boundary wall to Neville Close and arches 113-115 (west side of Pancras Road).
Walls along the west side of Midland Road, and along the south side of Brill Place, including incorporated structures at ground and upper levels.
Boundary walls and fences to east side of Pancras Road, south of Battle Bridge Road; north side of Clarence Passage; north and south sides of Stanley Passage; east and west side of Cheney Road; north and south sides of Battle Bridge Road; south side of Goods Way; north side of Goods Way, west of the concrete canal bridge; west side of Camley Street, south of the railway bridge; southern section of east side of Camley Street.
Any other walls, fences, parapets, bridge inverts, underground s
COUNTY OF KENT
Borough of Gravesham, Parish of CobhamParish boundary stone, Brewers Road. Grade II.
Borough of Ashford, Parish of CharingBrockton, Egerton Road, Charing Heath. Grade II.
Weatherboarded barn to the east of Brockton. Grade II.
Borough of Ashford, Parish of HothfieldYonsea, Maidstone Road. Grade II.
Oasthouse to the south of Yonsea, Maidstone Road. Grade II.
Granary and cartshed to the north west of Yonsea, Maidstone Road. Grade II.
Yonsea Bungalow, Maidstone Road. Grade II.
Range of barns 50 metres to the north of Yonsea, Maidstone Road. Grade II.
Range of barns 50 metres to the west of Yonsea, Maidstone Road. Grade II.
Borough of Ashford, Town of Ashford2 Boys Hall Road. Grade II.
4 Boys Hall Road. Grade II.
District of Shepway, Parish of SellindgeRailway Cottages (Talbot House). Grade II.

2 (1) In the case of a listed building to which sub-paragraph (2) below applies--

(a) section 7 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 shall not apply to any works for the alteration or extension of the building which are carried out, in exercise of the powers conferred by this Part of this Act, for the purpose of maintaining or restoring its character as a building of special architectural or historical interest,

(b) to the extent that a notice issued in relation to the building under section 38(1) of that Act requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,

(c) no steps may be taken in relation to the building under section 42(1) of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and

(d) no works may be executed for the preservation of the building under section 54 of that Act which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2) This sub-paragraph applies to a listed building if--

(a) it was not such a building immediately before 30th September 1994, or

(b) it was such a building immediately before that date and is specified in the following table.

(3) Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990, is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

(4) In this paragraph, "building" and "listed building" have the same meanings as in the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990.



The Table Buildings Authorised to be Extended and Altered

AreaBuilding
GREATER LONDON
London Borough of CamdenFlats 21 -- 30 Stanley Buildings, Clarence Passage (north side). Grade II.
Lock Keepers Cottage, Camley Street. Grade II.
The Granary, York Way. Grade II.
Gas holder, Goods Way (east side). Grade II.
London Borough of Islington302 -- 304 Liverpool Road. Grade II.
1 -- 4 Highbury Place. Grade II.
Church of St Jude, Mildmay Grove. Grade II.
111 Mildmay Grove. Grade II.
London Borough of HackneyLodge to west entrance of the German Hospital, Ritson Road. Grade II.
Main block and attached extension to the east of the German Hospital, Ritson Road. Grade II.
Church of St. Luke, Woodbine Terrace. Grade C.
Mission Hall to the north of St. Mary of Eton, Eastway. Grade II.
COUNTY OF ESSEX
Borough of ThurrockBarn to north of High House, London Road, Purfleet. Grade II.
COUNTY OF KENT
Borough of Gravesham, Town of Gravesend24/25 The Hill (Coach and Horses public house) Northfleet. Grade II.
Borough of Maidstone, Parish of LenhamOxley House, Boughton Road. Grade II.
Old Cottage and Water Street Cottage, Lenham Heath Road. Grade II.
Yew Tree Cottage, Hook Street, Lenham Heath. Grade II.
Borough of Ashford, Parish of CharingRose Cottage, Westwell Leacon. Grade II.
The Old Parsonage Farmhouse, Maidstone Road. Grade II.
Borough of Ashford, Town of AshfordIndustrial building belonging to Knowles Removals and Storage, Station Road. Grade II.
Willesborough and District Labour Club, Bentley Road. Grade II.
Borough of Ashford, Parish of SevingtonOrchard Cottage, Church Road. Grade II.
Nos. 1 and 2 Maytree Cottages, Church Road. Grade II.
Bridge Cottage, Highfield Lane, Sevington. Grade II.
Borough of Ashford, Parish of MershamBridge House, Church Road. Grade II.
District of Shepway, Parish of SellindgeStream Cottage and Grove Bridge Cottage, Barrow Hill. Grade II.

3 Section 59 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.



Ancient monuments etc.

4 (1) This paragraph has effect in relation to the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979.

(2) Section 2 (control of works affecting scheduled monuments) shall not apply to any works authorised by this Part of this Act.

(3) The powers of entry conferred by section 6(1) (entry to ascertain condition of scheduled monument), section 6A(1) (entry to enforce control of works affecting scheduled monuments) and section 26 (entry to record matters of archaeological or historical interest) shall not be exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Part of this Act.

(4) The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), shall have effect subject to the powers conferred by this Part of this Act with respect to works.

(5) Section 19 (public access to monuments under public control) shall not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, in connection with or in consequence of the carrying out of any of the works authorised by this Part of this Act.

(6) Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating any act or thing which would tend to injure or disfigure a monument or its amenities or disturb the public in their enjoyment of it) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

(7) The power conferred by section 19(6) (power to refuse admission to monuments under public control) shall not be exercisable so as to prevent or restrict the exercise of the powers conferred by this Part of this Act with respect to works.

(8) In section 25 (treatment of ancient monuments)--

(a) subsection (2) (superintendence by the Historic Buildings and Monuments Commission for England) shall not authorise the superintendence of the carrying out of any of the works authorised by this Part of this Act, and

(b) subsection (3) (power of the Commission to charge for advice under subsection (1)) shall not apply in relation to advice given in connection with the carrying out of any of those works.

(9) Section 28 (offence of damaging certain ancient monuments) shall not apply to anything done in exercise of the powers conferred by this Part of this Act with respect to works.

(10) Section 35 (notice required of operations in areas of archaeological importance) shall not apply to operations carried out in exercise of the powers conferred by this Part of this Act with respect to works.

(11) Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) shall have effect as if operations carried out in exercise of the powers conferred by this Part of this Act with respect to works were exempt works for the purposes of that provision.

(12) Section 42(1) (prohibition on use of metal detectors in protected places without consent) shall not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

(13) Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) shall not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers conferred by this Part of this Act with respect to works.

5 (1) The power of entry conferred by section 36(1) of the [1983 c. 47.] National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall only be exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Part of this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld.

(2) Consent for the purposes of sub-paragraph (1) above may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works.

(3) Section 36(6) of the [1983 c. 47.] National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the right to enter land to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Historic Buildings and Monuments Commission for England) shall not apply in relation to land on which works authorised by this Part of this Act are being carried out.

(4) Any dispute under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the appropriate Ministers acting jointly.

(5) In sub-paragraph (4) above, "appropriate Ministers" means--

(a) in relation to a dispute about entry for the purpose of obtaining information about an ancient monument, the Secretary of State for National Heritage and the Secretary of State for Transport, and

(b) in relation to a dispute about entry for the purpose of obtaining information about an historic building, the Secretary of State for the Environment and the Secretary of State for Transport.

(6) In sub-paragraph (5) above, "ancient monument" and "historic building" have the meanings given by section 33(8) of the National Heritage Act 1983.



Section 13.

SCHEDULE 8 Heritage: rights of entry



Historic Buildings and Monuments Commission for England

1 (1) Any person duly authorised in writing by the Commission may at any reasonable time enter any land on which (or in or under which) a scheduled monument is situated--

(a) for the purpose of observing or advising upon the exercise in relation to the land of any of the powers conferred by paragraph 10(1) of Schedule 2 to this Act, or

(b) for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers conferred by this Part of this Act.

(2) Any person duly authorised in writing by the Commission may at any reasonable time enter any land in Greater London for the purpose of inspecting or observing the carrying out in relation to any building on the land of any decontrolled works.

(3) The right conferred by sub-paragraph (1) or (2) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(4) A person exercising the right conferred by sub-paragraph (1) or (2) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(5) In this paragraph, "decontrolled works" means works to which section 7 or 74 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 7 to this Act.



Royal Commission on the Historical Monuments of England

2 (1) The nominated undertaker shall not carry out any decontrolled works consisting of the demolition of a building unless--

(a) notice of the proposal to carry out the works has been given to the Royal Commission, and

(b) the appropriate period since the giving of the notice has elapsed.

(2) Subject to sub-paragraph (3) below, the appropriate period for the purposes of sub-paragraph (1)(b) above is 8 weeks or such longer period as may have been agreed between the nominated undertaker and the Royal Commission.

(3) In case of emergency, the appropriate period for the purposes of sub-paragraph (1)(b) above is such period as is reasonable in the circumstances.

(4) In determining whether the appropriate period for the purposes of sub-paragraph (1)(b) above has elapsed, there shall be disregarded any day on which entry to the building is refused under paragraph 3(2) below.

(5) In this paragraph, "decontrolled works" means works to which section 7 of the [1990 c. 9.] Planning (Listed Buildings and Conservation Areas) Act 1990 would apply, but for paragraph 1(1)(a) or (3) of Schedule 7 to this Act.

3 (1) Following the giving of a notice under paragraph 2(1) above in relation to any building, any person duly authorised in writing by the Royal Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.

(2) The right conferred by sub-paragraph (1) above shall not be exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(3) A person exercising the right conferred by sub-paragraph (1) above shall comply with any directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(4) For the purposes of sub-paragraph (1) above, the inspection period, in relation to a building which is the subject of a notice under paragraph 2(1) above, is the period beginning when the notice under that provision is given and ending when the prohibition under that provision ceases to apply to the building.



Interpretation

4 In this Schedule--

  • "the Commission" means the Historic Buildings and Monuments Commission for England;

  • "the Royal Commission" means the Royal Commission on the Historical Monuments of England;

  • "scheduled monument" has the same meaning as in the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979.



Section 20.

SCHEDULE 9 Application of Other Railway Legislation



Part I Railways Clauses Acts

Railways Clauses Consolidation Act 1845 (c. 20)

1 (1) The Railways Clauses Consolidation Act 1845, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.

(2) The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above--

  • sections 1, 7 to 9, 11 to 15, 17, 19, 20, 22, 23, 42, 47, 48, 59 to 62, 74, 75, 77 to 85, 87, 88, 94, 95 and 112 to 124.

(3) In their application by virtue of sub-paragraph (1) above--

(a) section 2 shall have effect with the substitution for "so incorporated as aforesaid" of "incorporated",

(b) section 6 shall have effect with the omission of the words "and to take lands for that purpose", "taken or" and "for the value of the lands so taken or used, and",

(c) section 16, so far as relating to the erection and construction of new stations, shall only have effect, so far as concerns the railways comprised in the rail link or the accommodation works connected therewith, to authorise the erection and construction of stations at St. Pancras in London and Ebbsfleet in Kent,

(d) sections 18 and 21 shall not apply in any case where the relations between the nominated undertaker and any other persons are regulated by sections 84 and 85 of the [1991 c. 22.] New Roads and Street Works Act 1991 or Part II of Schedule 15 to this Act,

(e) section 46 shall have effect with the omission of the proviso, and

(f) section 68 shall have effect with the omission of the words from "Such and" to "formation thereof" and from "together with all necessary gates" to "all necessary stiles".



Railways Clauses Act 1863 (c. 92)

2 (1) Part I of the Railways Clauses Act 1863, insofar as applicable for the purposes of this Act and not inconsistent with its provisions, is hereby incorporated with this Act.

(2) The following provisions are excepted from incorporation by virtue of sub-paragraph (1) above--

  • sections 5 to 7 and 13 to 19.



Part II Other Legislation

Highway (Railway Crossings) Act 1839 (c. 45)

3 The Highway (Railway Crossings) Act 1839 shall not apply to a railway authorised by this Act.



Railway Regulation Act 1842 (c. 55)

4 Section 9 of the Railway Regulation Act 1842 shall not apply to a railway authorised by this Act.



Regulation of Railways Act 1871 (c. 78)

5 In section 2 of the Regulation of Railways Act 1871, in the definition of the term "railway", the reference to any special Act of Parliament shall be construed as including this Act.



Railway Companies (Accounts and Returns) Act 1911 (c. 34)

6 For the purposes of the Railway Companies (Accounts and Returns) Act 1911, a person shall not be a railway company by virtue of working a railway authorised by this Act.



British Transport Commission Act 1949 (c. xxix)

7 (1) This paragraph has effect in relation to the British Transport Commission Act 1949.

(2) Section 55 (penalty for trespass on railways etc.) shall apply in relation to any railway, siding, tunnel, railway embankment, cutting or similar work comprised in the rail link as it applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work belonging to the British Railways Board.

(3) Section 56 (penalty for stone throwing etc. on railways) shall apply in relation to any railway or siding comprised in the rail link as it applies in relation to any railway or siding belonging to the British Railways Board.



Miscellaneous

8 (1) In their application to--

(a) a rail link undertaker,

(b) the rail link, or

(c) any train of a rail link undertaker being used to provide services for the carriage of passengers or goods involving travel through the Channel Tunnel,

the enactments specified in column (1) of the following table (which create the offences broadly described in column (2) of the table) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in the enactment were, instead of that specified in column (3) of the table, a fine not exceeding the level specified in column (4) of the table.

The Table
(1)(2)(3)(4)
EnactmentDescription of offenceMaximum otherwise applicable (level on standard scale)Maximum fine (level on standard scale)
Section 16 of the [1840 c. 97.] Railway Regulation Act 1840.Obstruction of officers of railway company or trespass upon railway.Level 1Level 3
Section 17 of the [1842 c. 55.] Railway Regulation Act 1842.Misconduct of persons employed on railways.Level 1Level 3
Section 22 of the [1868 c. 119.] Regulation of Railways Act 1868.Provision and improper use of means of communication.Level 1Level 2
The [1889 c. 57.] Regulation of Railways Act 1889--
section 5(1).Failure to produce ticket, to pay fare or to give name and address.Level 1Level 2
section 5(3).Travel with intent to avoid payment of fare.Level 2Level 3

(2) In such application--

(a) section 16 of the [1840 c. 97.] Railway Regulation Act 1840 shall have effect as if the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding one month; and

(b) section 17 of the [1842 c. 55.] Railway Regulation Act 1842 shall have effect as if, instead of the power to award imprisonment for a period not exceeding two months, the court had power to award imprisonment for a period not exceeding three months; and

(c) section 5(2) of the [1889 c. 57.] Regulation of Railways Act 1889 (power to arrest passenger who fails to produce ticket and refuses to give his name and address) shall have effect as if after the word "refuses" there were inserted the words "or fails".



Section 38.

SCHEDULE 10 Disapplication and Modification of Miscellaneous Controls



Ecclesiastical law

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

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



Overground wires

2 Nothing in the [1933 c. xliv.] London Overground Wires &c. Act 1933, or in any byelaw made under that Act, shall extend or apply to any wire or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Part of this Act.



London Building Acts (Amendment) Act 1939

3 (1) This paragraph has effect in relation to the [1939 c. xcvii.] London Building Acts (Amendment) Act 1939.

(2) The following provisions, namely--

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

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

(c) Part V (means of escape in case of fire),

shall not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Part of this Act.

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

(4) No notice under section 45(1)(a) or (b) (notice before building at junction with adjoining land) shall be required before the building of any wall in exercise of the powers conferred by this Part of this Act.

(5) Sections 45(1)(c) and 46 (rights of adjoining owners) shall not have effect to confer rights in relation to--

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

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

(6) Section 50 (underpinning of adjoining buildings) shall not apply in relation to a proposal to erect anything in exercise of the powers conferred by this Part of this Act.



Coast works

4 The following provisions of the [1949 c. 74.] Coast Protection Act 1949, namely--

(a) section 16(1) (consent of coast protection authority required for carrying out coast protection work),

(b) section 18(1) (prohibition of excavation or removal of materials from seashore), and

(c) section 34(1) (consent of Secretary of State required for works detrimental to navigation),

shall not apply in relation to anything done within the limits of deviation for the scheduled works in exercise of the powers conferred by this Part of this Act in relation to those works, or any work in connection with them.



Highways etc.

5 (1) The following enactments, namely--

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

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

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

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

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

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



Areas of special scientific interest

6 Sections 28(5) and 29(3) of the [1981 c. 69.] Wildlife and Countryside Act 1981 (which restrict, in relation to areas of special scientific interest, the carrying out of operations likely to damage the special flora, fauna or features) shall not apply to any operation carried out for the purposes of or in connection with the exercise of any of the powers conferred by this Part of this Act with respect to works.



Building regulations

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

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

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



Deposits in the sea

8 (1) Section 5 of the [1985 c. 48.] Food and Environment Protection Act 1985 (requirement of licences for deposit of substances and articles in the sea etc.) shall not apply to the deposit of substances and articles within the limits of deviation for Work No. 10, 10R(2), 13 or 22J in exercise of the powers conferred by this Part of this Act in relation to that work, or any work in connection with it.

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



London lorries: general

9 (1) This paragraph applies where an application for the issue of a permit under the London Lorry Ban Order is made under paragraph 10 below or is otherwise expressed to be made in connection with the carrying out of authorised works.

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

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

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

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

(a) in a timely and efficient manner, or

(b) in accordance with approved arrangements.

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

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

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

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

(8) In this paragraph--

  • "approved arrangements" means arrangements approved for the purposes of any of the following provisions of Schedule 6 to this Act--

    (a)

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