Crossrail Act 2008

Section 3

SCHEDULE 3 U.K. Highways

Stopping-up U.K.

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. U.K.

(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).

Part 1

(1)	(2)
Area	Highway or part to be stopped up
City of Westminster	Footpath within Westbourne Green Sports Complex between points P5, P6 and P7 North-eastern side of Eastbourne Terrace within extent of narrowing shown on the deposited plans Falconberg 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 P4 Fore Street Avenue between points P1 and P2 Moorfields between points P2 and P3
London Borough of Tower Hamlets	Fulbourne Street between points P1 and P2 Court Street between points P3 and P4 Wood's Buildings between points P5 and P6 South-eastern side of Durward Street within the extent of narrowing shown on the deposited plans between points P2 and P7 Garden Street between points P5 and P6 Eleanor Street between points P1 and P2
London Borough of Greenwich	Bostall Manorway between points P3 and P4 Abbey Terrace between points P5 and P6
London Borough of Havering	Footpath (FP 123) between Beechfield Gardens and Nursery Walk

Part 2

(1)	(2)	(3)
Area	Highway or part to be stopped up	New highway to be substituted for it
City of Westminster	Westbourne Park Passage within the limits of deviation of Work No. 1/9C	Work No. 1/9C
	Westbourne Park Passage within the limits of deviation of Work No. 1/9D	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	New footpath between points P1, P4, P5 and P6
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	New footpath through intended station, part of Work No. 1/5 between points P10 and P11
	Footpath between Albert Road and Factory Road between points P1 and P2	Work No. 1/32D
	Barbers Road between points P1 and P2	Works Nos. 2/6A, 2/6B and 2/7
	Pudding Mill Lane between points P3 and P4	Works Nos. 2/6A, 2/6B and 2/7
	Marshgate Lane within the relevant limits	Works Nos. 2/6A and 2/6B
	Footpath (Greenway) between points P6, P7, P8, P9, P10, P11, P12 and P13 and between points P9 and P11	New footpath between points P5, P14 and P13
London Borough of Greenwich	Footpath on eastern side of Church Manor Way between points P1 and P2	Work No. 1/34
	Footpath between Mottisfont Road and Bostall Manor Way between points P1 and P2	Work No. 1/36
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	New footpath through intended station, part of Work No. 1/7
	Felixstowe Road within the relevant limits	Work No. 1/37B
London Borough of Bexley	Gayton Road	Work No. 1/37C
London Borough of Barking & Dagenham	Footpath on eastern side of Whalebone Lane South between points P1 and P3	New footpath between points P1, P2 and P3
London Borough of Havering	Footpath adjacent to bus stand, Atlanta Boulevard	Work No. 2/15D
County of Berkshire, Borough of Slough	Hollow Hill Lane between points P1 and P2	Work No. 3/9D
County of Buckinghamshire, District of South Bucks, Parish of Iver	Thorney Lane South between points P1 and P2	Works Nos. 3/9B and 3/9C
London Borough of Hillingdon	Footpath and cycleway (Kingston Lane) between points P1 and P2	Work No. 3/10F
	Old Stockley Road between points P1 and P2	Footpath and cycleway between points P1 and P2 (Work No. 3/14)

Modifications etc. (not altering text)

C1 Sch. 3 para. 1 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

C2 Sch. 3 para. 1(2)(d) modified (21.4.2010) by The Crossrail (Devolution of Functions) Order 2010 (S.I. 2010/988), arts. 1, 8(2) (with art. 13)

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— U.K.

(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 and Emergency Planning Authority,

(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.

Modifications etc. (not altering text)

C3 Sch. 3 para. 2 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

3 (1) On a highway or part of a highway being stopped up under paragraph 1 or 2— U.K.

(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.

Modifications etc. (not altering text)

C4 Sch. 3 para. 3 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

C5 Sch. 3 para. 3(1)(b) modified (21.4.2010) by The Crossrail (Devolution of Functions) Order 2010 (S.I. 2010/988), arts. 1, 8(3) (with art. 13)

C6 Sch. 3 para. 3(4)(5) modified (21.4.2010) by The Crossrail (Devolution of Functions) Order 2010 (S.I. 2010/988), arts. 1, 8(4) (with art. 13)

Permanent obstruction U.K.

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. U.K.

(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 U.K.

5 (1) For the purposes of the works authorised by this Act, the nominated undertaker may— U.K.

(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).

Modifications etc. (not altering text)

C7 Sch. 3 para. 5(1)-(3) applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

Working sites in highways U.K.

6 U.K. 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.

Modifications etc. (not altering text)

C8 Sch. 3 para. 6 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

Street works U.K.

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— U.K.

(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).

Modifications etc. (not altering text)

C9 Sch. 3 para. 7 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

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— U.K.

(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.

Modifications etc. (not altering text)

C10 Sch. 3 para. 8 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

Construction U.K.

9 (1) Where under this Act the nominated undertaker— U.K.

(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.

Modifications etc. (not altering text)

C11 Sch. 3 para. 9 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

10 (1) Sub-paragraph (2) applies where under this Act the nominated undertaker— U.K.

(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.

Modifications etc. (not altering text)

C12 Sch. 3 para. 10 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

Maintenance U.K.

11 (1) Sub-paragraph (2) applies where under this Act the nominated undertaker— U.K.

(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).

Modifications etc. (not altering text)

C13 Sch. 3 para. 11 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

12 U.K. 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 U.K.

13 U.K. 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. U.K.

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— U.K.

(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.

Modifications etc. (not altering text)

C14 Sch. 3 para. 14 applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3

Use of subsoil U.K.

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. U.K.

(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.

(1)	(2)
Area	No. on deposited plans
City of Westminster	30d, 38, 81, 85, 112, 115, 117, 120, 121, 213, 218, 340, 341, 416, 417, 419, 420, 423, 447, 448, 449, 453, 454, 455, 548, 549, 549a, 551, 566, 595, 598, 600, 666, 684, 685, 689, 690 and 691
London Borough of Camden	1, 3, 5, 7, 10, 11, 13, 30, 31, 32, 153, 154, 155, 279, 281, 282 and 283
London Borough of Islington	1, 3, 4, 13, 24, 25, 34, 90, 92, 93, 94, 95 and 99
City of London	1, 2, 3, 4, 7, 8, 9, 17, 18, 20, 34, 36, 52, 53, 55a, 71, 72, 73, 74, 80a, 81, 101, 102, 103, 108, 113, 115, 125, 136, 138, 143, 159, 160 and 161
London Borough of Tower Hamlets	224, 224a, 225, 225b, 227a, 250, 252, 252a, 252b, 269, 280, 281, 290, 293, 294, 391, 393, 396, 398, 664, 820, 988, 990, 991, 993, 1135, 1145, 1247c, 1295, 1412a, 1413a, 1421, 1421b, 1423a, 1445 and 1446
London Borough of Newham	8, 76, 155, 164, 189, 193, 205, 206, 258, 259, 260, 278, 288, 366, 379, 565, 619 and 670
London Borough of Greenwich	3, 5, 15, 31e, 35a, 100, 101, 104, 109, 125, 125a, 130, 138, 144, 155, 159, 164, 169, 173, 182, 187 and 227
London Borough of Bexley	28, 64 and 68
London Borough of Redbridge	26 and 41
London Borough of Barking & Dagenham	17 and 18
London Borough of Havering	2, 11, 12, 24, 105, 117, 120, 134, 138, 140, 149, 154, 164 and 194
Borough of Brentwood	24 and 52
District of Basildon	13 and 14
Borough of Slough	14, 20, 22, 23, 32, 53, 56, 60, 113, 162, 168 and 253a
London Borough of Hillingdon	97, 98, 115, 116 and 211b
London Borough of Ealing	9, 62, 62a, 88, 125, 144, 159, 160, 164, 177, 183 and 186

(3) In the case of a highway comprised in land specified in the table in columns (1) and (2) of the table in paragraph 10 of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as falls within the description specified in relation to the land in column (3) of the table.

(4) In the case of a highway comprised in land specified in the table in paragraph 11(1) of Schedule 6, the power conferred by sub-paragraph (1) shall only be exercisable in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.

(5) For the avoidance of doubt, it is hereby declared that the restrictions imposed by sub-paragraphs (2), (3) and (4) on the power conferred by sub-paragraph (1) do not affect the power conferred by paragraph 7(1).

Modifications etc. (not altering text)

C15 Sch. 3 para. 15(1) applied (with modifications) (E.W.S.) (11.3.2014) by The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014 (S.I. 2014/310), arts. 1, 18, Sch. 6 paras. 1-3