Channel Tunnel Rail Link Act 1996

JurisdictionUK Non-devolved
Citation1996 c. 61


Channel Tunnel Rail Link Act 1996

1996 Chapter 61

An Act to provide for the construction, maintenance and operation of a railway between St. Pancras, in London, and the Channel Tunnel portal at Castle Hill, Folkestone, in Kent, together with associated works, and of works which can be carried out in conjunction therewith to make provision about related works to provide for the improvement of the A2 at Cobham, in Kent, and of the M2 between junctions 1 and 4, together with associated works to make provision with respect to compensation in r elation to the acquisition of blighted land and for connected purposes.

[18th December 1996]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I The Channel Tunnel Rail Link

Part I

The Channel Tunnel Rail Link

Works

Works

S-1 Construction and maintenance of scheduled works.

1 Construction and maintenance of scheduled works.

(1) The nominated undertaker may construct and maintain the works specified in Schedule 1 to this Act (‘the scheduled works’), being—

(a) works for the construction of a railway between St. Pancras in London and the Channel Tunnel portal at Castle Hill, Folkestone, Kent,

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

(c) works which can conveniently be carried out at the same time as works included in paragraph (a) or (b) above.

(2) Subject to subsection (3) 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) In constructing or maintaining any of the scheduled works, the nominated undertaker may—

(a) 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, and

(b) deviate vertically from the level shown for that work on the deposited sections—

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

(ii) to any extent downwards.

S-2 Further and supplementary provisions.

2 Further and supplementary provisions.

2. Schedule 2 to this Act (which contains further and supplementary provisions about works) shall have effect.

S-3 Highways.

3 Highways.

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

Land

Land

S-4 Acquisition within limits shown on deposited plans.

4 Acquisition within limits shown on deposited plans.

(1) The Secretary of State is authorised by this section to acquire compulsorily—

(a) so much of the land shown on the deposited plans within the limits of deviation for the scheduled works as may be required for or in connection with the works authorised by this Part of this Act, and

(b) so much of the land so shown within the limits of land to be acquired or used as may be so required.

(2) Without prejudice to the generality of subsection (1) above, the purposes for which land may be acquired under that subsection include, in the case of so much of any land specified in columns (1) and (2) of Part I of Schedule 4 to this Act as is within the limits of land to be acquired or used, the purpose specified in relation to that land in column (3) of that Part as one for which that land may be acquired or used.

(3) Part II of Schedule 4 to this Act (application of legislation relating to compulsory purchase) and Part III of that Schedule (supplementary provisions) shall have effect.

S-5 Acquisition outsidelimits shown on deposited plans.

5 Acquisition outsidelimits shown on deposited plans.

(1) The Secretary of State may acquire compulsorily land outside the relevant limits which is required for or in connection with the works authorised by this Part of this Act.

(2) Without prejudice to the generality of subsection (1) above, the land which may be compulsorily acquired under that subsection shall include land which is or will be required—

(a) for use in mitigating the effect on the environment of any of the works authorised by this Part of this Act,

(b) for use in relocating apparatus which it is expedient to divert or replace in consequence of the carrying out of any of the works authorised by this Part of this Act, or

(c) for the purpose of being given in exchange for land forming part of a common, open space or fuel or field garden allotment which is acquired under section 4(1) above.

(3) The power of acquiring land compulsorily under subsection (1) above shall include power to acquire an easement or other right over land by the grant of a new right.

(4) The Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land under subsection (1) above and Schedule 3 to that Act shall apply to a compulsory acquisition by virtue of subsection (3) above.

(5) Part I of the Compulsory Purchase Act 1965 , and the enactments relating to compensation for the co mpulsory purchase of land, shall apply to a compulsory acquisition by virtue of subsection (3) above with the modifications mentioned in paragraph 8(2)(a) and (b) of Schedule 4 to this Act.

(6) In this section—

‘apparatus’ includes a sewer, drain or tunnel and any structure for the lodging therein of apparatus or for gaining access to apparatus

‘common’ includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green

‘fuel or field garden allotment’ means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act

‘open space’ means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground and

‘the relevant limits’ means the limits of deviation for the scheduled works and the limits of land to be acquired or used.

S-6 Temporary possession and use.

6 Temporary possession and use.

6. Schedule 5 to this Act (which contains provisions about temporary possession and use of land for the purposes of this Part of this Act) shall have effect.

S-7 Extinguishment of private rights of way.

7 Extinguishment of private rights of way.

(1) All private rights of way over land which is held by the Secretary of State as being required for or in connection with the works authorised by this Part of this Act shall be extinguished—

(a) in the case of land held by the Secretary of State immediately before the coming into force of this Act, on the coming into force of this Act, and

(b) in the case of land acquired by the Secretary of State after the coming into force of this Act, at the appropriate time.

(2) For the purposes of subsection (1)(b) above, the appropriate time is the time of acquisition, except where land—

(a) is acquired compulsorily, and

(b) is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,

in which case it is the time of entry under that provision.

(3) Any person who suffers loss by the extinguishment of any right of way under this section shall be entitled to be compensated by the nominated undertaker.

(4) Any dispute as to a person's entitlement to compensation under this section, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961 .

(5) This section does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.

S-8 Extinguishment of rights of statutory undertakers etc.

8 Extinguishment of rights of statutory undertakers etc.

(1) Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) shall apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Part of this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.

(2) In the application of sections 271 to 273 of that Act by virtue of subsection (1) above, references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

(3) In their application by virtue of subsection (1) above, sections 271 and 272 of that Act shall also have effect with the following modifications—

(a) in subsection (2), for the words from ‘with’ to ‘appropriated’ there shall be substituted ‘authorised by Part I of the Channel Tunnel Rail Link Act 1996’, and

(b) in subsection (5), for the words from ‘local’ to ‘or undertakers’ there shall be substituted ‘a person other than a Minister, he’.

(4) In the Town and Country Planning Act 1990, any reference to, or to any provision of, section 271, 272 or 273 shall include a reference to, or to that provision of, that section as applied by subsection (1) above.

(5) In their application by virtue of subsection (4) above, the following provisions of that Act shall have effect with the following modifications—

(a) in section 274(3), for ‘local authority or statutory undertakers’ there shall be substituted ‘person’, and

(b) in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or appropriating authority shall be construed as references to the nominated undertaker.

Planning and heritage

Planning and heritage

S-9 Planning: general.

9 Planning: general.

(1) Subject to subsections (2) and (4) below, planning permission shall be deemed to be granted under Part III of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Part of this Act.

(2) In the case of development consisting of the provision of parking at St. Pancras in...

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