The Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001

PART I PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001 and shall come into force on 22nd March 2001.

Interpretation

2.—(1) In this Order—

“the 1965 Act” means the Compulsory Purchase Act 1965(1);

“authorised works” means the scheduled works and any other works authorised by this Order;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“deemed planning permission” means a planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990(2) to be granted in relation to any authorised works;

“the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;

“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;

“highway” has the same meaning as in the Highways Act 1980(3);

“the limits of deviation” means the limits of deviation for the scheduled works which are shown on the deposited plans;

“the limit for Stratford station” means the limit for Stratford station which is shown on the deposited plans;

“the Order limits” means any of the limits of deviation or the limit for Stratford station;

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

“the principal Act” means the Channel Tunnel Rail Link Act 1996(4);

“the scheduled works” means the works specified in Schedule 1 to this Order;

“Stratford station” has the meaning given to it in Schedule 1 to this Order;

“Union Railways” means Union Railways (North) Limited.

(2) Unless the context otherwise requires, other expressions used in this Order and in the principal Act have the same meaning as in that Act.

(3) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.

(4) All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.

(5) Unless the context otherwise requires, any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.

(6) References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the relevant deposited plan.

PART II WORKS

Construction and maintenance of scheduled works

3.—(1) Union Railways may construct and maintain the scheduled works, being—

(a) works for a station at Stratford in London for use in connection with the rail link,

(b) railways near St Pancras in London providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line, and

(c) works ancillary to the works mentioned in sub-paragraphs (a) and (b) above.

(2) Subject to paragraph (5) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.

(3) Union Railways may, for the purposes of or in connection with the scheduled works, do any of the following within the Order limits—

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

(b) make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way,

(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 the position of apparatus, including mains, sewers, drains and cables,

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

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

(4) Union Railways may within the Order limits—

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

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

(5) In constructing or maintaining any scheduled work, Union Railways may—

(a) as regards a scheduled work not comprising Stratford station, deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work;

(b) as regards the scheduled work comprising Stratford station, construct that work within the limit for Stratford station;

(c) in any case, deviate vertically from the levels shown on the deposited sections—

(i) to any extent not exceeding 3 metres upwards, or

(ii) to any extent downwards.

(6) Without prejudice to the generality of paragraphs (3) and (4) above, Union Railways may construct a pedestrian link at Stratford in the London Borough of Newham either—

(a) between points X and Y, or

(b) between point X and the existing subway serving Stratford station which is within the limit of deviation of Work No. 1E and identified on the deposited plans, with such works within that limit as may be necessary or expedient to make a connection of the link with that subway.

(7) The power conferred by paragraph (3)(b) above does not include a power to extinguish any public right of way over any highway.

Stopping up of highways

4.—(1) Union Railways may exercise the power conferred by paragraph 1(1) of Schedule 3 to the principal Act to stop up York Way between points L1 and L2 (which points are shown on the deposited plans)—

(a) for the relevant purposes, and

(b) in relation to that part of York Way within the London Borough of Islington as well as the part within the London Borough of Camden.

(2) Paragraph (1) above has effect without prejudice to article 15(2) below and subject to paragraph 1(3) of Schedule 3 to the principal Act.

(3) In paragraph (1) above, “the relevant purposes” means purposes connected with the construction of the authorised works or the works authorised by Part I of the principal Act.

Highway access

5.  Without prejudice to article 3(3)(b) above, Union Railways may, for the purposes of or in connection with the authorised works, form and lay out means of access at points AJ, AM and AN in the London Borough of Camden.

Temporary interference with waterways

6.—(1) The powers conferred by this article shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Order in relation to Work No. 1C.

(2) Union Railways may—

(a) temporarily interfere with the River Lea, at any point within the Order limits, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient.

(b) temporarily moor or anchor barges or other vessels or craft in the River Lea, or

(c) temporarily close the River Lea, or a part of it, to navigation.

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

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

(b) that, if complete closure of the river 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) Union Railways shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any closure of a waterway in accordance with this paragraph.

Supplementary matters

7.—(1) A deemed planning permission shall be treated as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990.

(2) The authorised works shall be treated as comprised within the rail link for the purposes of sections 16 to 19, 21 and 22 of the principal Act to the extent that they would be so treated if the scheduled works were authorised by section 1(1) of that Act.

PART III ACQUISITION OF LAND

Power to acquire land

8.—(1) The Secretary of State may acquire compulsorily so much of the land shown on the deposited plans within the Order limits as may be required for or in connection with the authorised works.

(2) Paragraph (1) above shall not authorise the compulsory acquisition of the land shown as the land numbered 2 in the London Borough of Newham on the deposited plans.

(3) Nothing in paragraph (2) above shall prejudice in any way the power of the Secretary of State to acquire the said land pursuant to section 4 of the principal Act.

Application of the Compulsory Purchase Act 1965 and the Compulsory Purchase (Vesting Declarations) Act 1981

9.—(1) Part I of the 1965 Act, so far as not inconsistent with this Order, shall apply to an acquisition of land under article 8 above as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981(5) applies and as if this Order were a compulsory purchase order under that Act.

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

(a) section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted;

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

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

(ii) in any other case, with the substitution for “fourteen days” of “3 months”;

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

(3) The Compulsory Purchase (Vesting Declarations) Act 1981(6) shall apply as if this Order were a compulsory purchase order.

(4) In its application by virtue of paragraph (3) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications—

(a) in section 3 (preliminary notices) for subsection (1) there shall be substituted—

“(1) Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is—

(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and

(b) published in the London Gazette.”;

(b) in that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”, and after “given” there shall be inserted “and published”;

(c) in that section, subsections (5) and (6) shall be omitted and for those subsections there shall be substituted—

“(5) For the purposes of this section, a person has a relevant interest in land if—

(a) he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or

(b) he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.”;

(d) in section 5 (earliest date for execution of declaration)—

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

(ii) subsection (2) shall be omitted;

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

(f) references to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 8 above.

Acquisition of new rights

10.—(1) The power conferred by article 8 above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.

(2) Part I of the 1965 Act as applied to the acquisition of land under article 8 above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of paragraph (1) above—

(a) with the modifications specified in Schedule 2 below, and

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

(3) In relation to land to which this paragraph applies, article 8 above, so far as relating to acquisition by virtue of paragraph (1) above, shall be treated as also authorising acquisition by a statutory utility in any case where the Secretary of State gives his consent in writing.

(4) Paragraph (3) above applies to land within the Order limits which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of the authorised works; and in that paragraph “statutory utility” means a licence holder within the meaning of Part I of the Electricity Act 1989(7), a public gas transporter within the meaning of Part I of the Gas Act 1986(8), a water undertaker within the meaning of the Water Industry Act 1991(9), a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.

Compensation for injurious affection

11.  Section 10(1) of the 1965 Act (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of works under this Order, with the substitution for “acquiring authority have” of “Union Railways has”.

Acquisition and use of subsoil

12.—(1) The power conferred by article 8 above shall be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.

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

(3) Union Railways may enter upon, take and use for the purposes of the authorised works so much of the subsoil of any highway within the Order limits as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest therein.

Time limit for powers of compulsory acquisition

13.  After the end of the period of 5 years beginning with the day on which this Order is made—

(a) no notice to treat shall be served under Part I of the 1965 Act, as applied to the acquisition of land under article 8 above;

(b) no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by article 9(3) above.

PART IV MISCELLANEOUS AND GENERAL

Certification of plans etc.

14.  Union Railways shall, as soon as practicable after the making of this Order, submit one or more copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the deposited sections and the deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Application of provisions of principal Act

15.—(1) Schedule 3, which amongst other matters applies provisions of the principal Act not applied by the preceding provisions of this Order, shall have effect.

(2) So far as consistent with the provisions of this Order and the Transport and Works Act 1992 and so far as any person exercising the powers conferred by this Order is a nominated undertaker for the purposes of any provisions of Part I of the principal Act, this Order and the principal Act shall be construed as one.

(3) Without prejudice to the generality of paragraph (2) above, in determining any application or request by Union Railways to any body for an approval or consent under the provisions of the principal Act (including those provisions as applied by this Order), it shall be competent for that body to have regard (so far as relevant) to the combined effect of the works authorised by this Order and the works authorised by the principal Act for the purposes of the construction of which Union Railways is the nominated undertaker.

Transfer of functions of other railway operators relating to works

16.—(1) If the Secretary of State acquires any land for the purposes of this Order from a railway operator and there are situated on the land works authorised by statute, he (or Union Railways with the approval of the Secretary of State) may enter into an agreement with the railway operator for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator to him or Union Railways.

(2) In paragraph (1) above, references to a railway operator are to a person who has the management for the time being of a network, station or light maintenance depot.

(3) In this article, “light maintenance depot”, “network” and “station” have the same meaning as in Part I of the Railways Act 1993(10).

Transfer of functions under Order

17.—(1) Subject to paragraphs (2) and (3) below, Union Railways may enter into an agreement with any person (“the transferee”) for the transfer of all or any of its undertaking under this Order, including all or any of the functions, powers or duties of Union Railways under this Order—

(a) either permanently or for such period as is specified in or determined under the agreement; and

(b) either unconditionally or subject to such conditions or upon the happening of such events as may be specified in the agreement.

(2) The terms of any agreement made by virtue of paragraph (1) above shall, unless the transferee is the Secretary of State or a nominated undertaker for any purposes of any provisions of Part I of the principal Act, be subject to the approval of the Secretary of State.

(3) Any agreement or undertaking entered into by Union Railways in connection with the promotion of this Order shall, so far as relevant to any functions, powers or duties under this Order exercisable by the transferee under an agreement made by virtue of paragraph (1) above, be binding on the transferee.

(4) Where an agreement is made by virtue of paragraph (1) above, references to Union Railways in this Order (including references inserted or substituted by this Order in the principal Act or any other enactment) shall, to such extent and for such purposes as the agreement so provides, have effect as references to the transferee.

Termination of development agreement

18.—(1) This article applies where the Secretary of State has entered into a development agreement for purposes connected with the construction or operation of the Channel Tunnel Rail Link, and that agreement has been terminated under provisions contained therein.

(2) Where this article applies, the Secretary of State may by notice in writing transfer to himself or to a nominated undertaker within the meaning of section 34 of the principal Act any of the powers, functions, duties or liabilities of Union Railways under this Order, or of any person to whom Union Railways has transferred them.

(3) Where he has transferred such a power, function, duty or liability to himself the Secretary of State may subsequently transfer it to such a nominated undertaker.

(4) In exercising his powers under paragraphs (2) and (3) above, the Secretary of State may deal differently in respect of different parts of the authorised works.

(5) Any notice under paragraph (2) above shall be given by the Secretary of State to Union Railways or to any person to whom Union Railways has transferred any of the powers, functions, duties or liabilities of Union Railways under this Order.

(6) Paragraph (3) of article 17 above shall apply in relation to any transfer of functions, powers or duties to the Secretary of State or a nominated undertaker under this article as it applies in relation to any transfer of functions, powers or duties by virtue of an agreement under paragraph (1) of that article.

Signed by Authority of the Secretary of State for the Environment, Transport and the Regions

Ellis Harvey

Head of the Transport and Works Act Processing Unit,

Department of the Environment, Transport and the Regions

1st March 2001