The Channel Tunnel Rail Link (Nomination) Order 2008

Citation and commencement

1.  This Order may be cited as the Channel Tunnel Rail Link (Nomination) Order 2008 and comes into force on 30th November 2008.

Interpretation

2.  In this Order—

“the 1996 Act” means the Channel Tunnel Rail Link Act 1996;

“the excluded works” means such parts of the works authorised by Part 1 of the 1996 Act as are comprised within the description of the Thameslink Completion works set out in the Schedule to this Order;

“the works” means the following works so far as not falling within the excluded works—

(a)

the scheduled works except for Works Nos. 4 and 5R(1),

(b)

Work No. 4B,

(c)

such parts of the works comprised within Works Nos. 4A, 4J, 4K, 4L or 5R as are indicated in blue on the drawings marked “The Channel Tunnel Rail Link (Nomination) Order 1999; drawing no 1” and “The Channel Tunnel Rail Link (Nomination) Order 1999; drawing no 2”, signed by authority of the Secretary of State for the Environment, Transport and the Regions, dated 18th February 1999(2), and

(d)

the works authorised by paragraph 5 of Schedule 2 to the 1996 Act.

Appointment of nominated undertaker

3.  HS1 Limited(3) shall be the nominated undertaker for—

(a) the purposes of Part 1 of the 1996 Act except for section 14(1)(b), so far as connected with or in any way relating to the works; and

(b) the purposes of section 14(1)(b) of the 1996 Act, so far as concerns the provision of any services in connection with the construction or maintenance of those works.

Revocation of the Channel Tunnel Rail Link (Nomination) Order 1999

4.  The Channel Tunnel Rail Link (Nomination) Order 1999(4) is revoked.

Transfer of rights and liabilities to HS1 Limited

5.—(1) There shall by virtue of this Order transfer to HS1 Limited all rights conferred by the 1996 Act, and all liabilities, duties and obligations imposed by or arising under the 1996 Act, which, immediately before this Order came into force, were the rights, liabilities or obligations of CTRL (UK) Limited so far as concerns any matter connected with or relating to the works.

(2) All legal and other proceedings pending on 30th November 2008 may be amended in such manner as may be necessary or proper in consequence of paragraph (1), and any cause of action or proceeding pending or existing on that day by or against CTRL (UK) Limited may be continued, prosecuted or enforced by or against HS1 Limited so far as it concerns any matter connected with or relating to the works.

(3) Where, before 30th November 2008—

(a) any notice or other document has been given by or to CTRL (UK) Limited under the 1996 Act in connection with or in relation to the works, or

(b) any request for consent or approval has been made (whether or not it has been determined) or other thing done by CTRL (UK) Limited under the 1996 Act in connection with or relating to the works,

it shall have effect as if given by or to, made or done by or determined in respect of HS1 Limited.

(4) CTRL (UK) Limited is released from any liability, duty or obligation transferred under paragraph (1).

(5) Nothing in paragraphs (1) to (4) shall have the effect, as between HS1 Limited and CTRL (UK) Limited, of overriding any agreement made between them (whether before, on or after 30th November 2008) concerning the apportionment between them of responsibility for liabilities or the exercise of rights which transfer under paragraph (1), including any agreement as to the making of payments or the indemnification of one by another.

Signed by authority of the Secretary of State for Transport

Andrew Adonis

Minister of State

Department for Transport

28th November 2008