Crossrail Act 2008

Works U.K.

1 Construction and maintenance of scheduled works U.K.

(1) The nominated undertaker may construct and maintain the works specified in Schedule 1 (“the scheduled works”), being—

(a) works for the construction of an underground railway between, in the west, a tunnel portal at Royal Oak in the City of Westminster and, in the east, tunnel portals at Custom House and Pudding Mill Lane in the London Borough of Newham,

(b) works for the construction of other railways in the London Boroughs of Barking & Dagenham, Bexley, Ealing, Greenwich, Hammersmith and Fulham, Havering, Hillingdon, Newham, Redbridge and Tower Hamlets, the City of Westminster, the Royal Borough of Kensington & Chelsea, the District of Basildon and the Borough of Brentwood in the County of Essex, the Royal Borough of Windsor & Maidenhead and the Borough of Slough in the County of Berkshire and the District of South Bucks in the County of Buckinghamshire,

(c) works consequent on, or incidental to, the construction of the works mentioned in paragraph (a) or (b).

(2) Subject to subsections (3) to (5), the scheduled works shall be constructed—

(a) in the lines or situations shown on the deposited plans,

(b) in accordance with the levels shown on the deposited sections, and

(c) in the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, within the limit so shown.

(3) In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate laterally from the lines or situations shown on the deposited plans to any extent within the limits of deviation for that work so shown.

(4) In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate vertically from the level shown for that work on the deposited sections to any extent downwards.

(5) In constructing or maintaining any of the scheduled works, the nominated undertaker may, subject to subsection (6), deviate vertically from the level shown for that work on the deposited sections to the following extent upwards—

(a) in the case of the following, to any extent not exceeding 6 metres—

(i) so much of Work No. 1/3B as lies between a point 10,200 metres from its commencement and its termination;

(ii) so much of Work No. 1/4B as lies between its commencement and a point 600 metres from its commencement;

(iii) so much of Work No. 2/1B as lies between its commencement and a point 800 metres from its commencement;

(b) in the case of the remainder of the scheduled works, to any extent not exceeding 3 metres.

(6) In the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, the power of deviation under subsection (5) is subject to the limit so shown.

2 Works: further and supplementary provisions U.K.

Schedule 2 (which contains further and supplementary provisions about works) has effect.

3 Highways U.K.

Schedule 3 (which makes provision in relation to highways in connection with the works authorised by this Act) has effect.

4 Overhead lines U.K.

(1) Section 37(1) of the Electricity Act 1989 (c. 29) (which requires the consent of the Secretary of State to overhead lines) shall not apply in relation to any electric line which—

(a) for the purposes of or in connection with the exercise of any of the powers conferred by this Act with respect to works, or

(b) in pursuance of any of the protective provisions included in this Act,

is installed above land within the limits of deviation for the scheduled works or within the limits of land to be acquired or used.

(2) Schedule 4 (which makes alternative provision for consent in relation to lines to which subsection (1) applies) has effect.

(3) On the revocation or expiry of consent under Schedule 4, the line to which the consent relates shall cease to be a line to which subsection (1) applies.

(4) On granting consent under Schedule 4 to electricity undertakers, the appropriate Ministers may direct that planning permission shall be deemed to be granted for the carrying out of development to which the consent relates, and any ancillary development, subject to such conditions (if any) as may be specified in the direction.

(5) In subsection (4)—

(a) “electricity undertakers” means the holder of a licence under section 6 of the Electricity Act 1989 (c. 29), and

(b) the reference to the appropriate Ministers is to [F1 the Secretary of State for Energy and Climate Change] and the Secretary of State for Transport acting jointly.

Textual Amendments

F1 Words in s. 4(5)(b) substituted (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 1(2), Sch. 2 para. 6(a)

Modifications etc. (not altering text)

C1 S. 4(5)(b) transfer of functions (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), arts. 1(2), 4, Sch. 1(i)