Clause 6

Part of Crossrail Bill – in a Public Bill Committee at 9:30 am on 22 November 2007.

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Photo of Stephen Hammond Stephen Hammond Shadow Minister (Transport) 9:30, 22 November 2007

The Bill deals with the powers and authorisations necessary to build Crossrail. Those powers are vested in either the Secretary of State or the nominated undertaker. The Secretary of State clearly has the power to nominate the nominated undertaker, so the power in the clause to acquire land is vested with the Secretary of State. What will happen if a nominated undertaker has already been nominated? Will that nominated undertaker also require the power to acquire land compulsorily?

By inserting “nominated undertaker”, the amendment would cover circumstances in which the nominated undertaker was not the Secretary of State, and if it was the Secretary of State, those circumstances would also be covered, because the Secretary of State and the nominated undertaker could be one and the same at any time.

This is a simple amendment, but on reflection perhaps I should have drafted it so that the power would be vested not in the Secretary of State or the nominated undertaker, but in the Secretary of State and/or the nominated undertaker. None the less, I believe that it would fill a potential gap in the Bill, but if I am wrong I look forward to the Minister enlightening the Committee as to why the Secretary of State alone is sufficient, and not also the nominated undertaker.