High Speed Rail (London - West Midlands) Bill (HC Bill 132)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Transport, are
published separately as Bill 132—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Patrick McLoughlin has made the following statement under section
19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the High Speed Rail (London - West Midlands) Bill are
compatible with the Convention rights.

Contents

    The Bill is divided into two volumes. Volume I contains the Clauses to the Bill and
    Schedules 1 to 4. Volume 2 contains the remaining Schedules to the Bill (Schedules
    5to 31).

  1. Works

    1. 1. Power to construct and maintain works for Phase One of High Speed 2

    2. 2. Further provision about works

    3. 3. Highways

  2. Compulsory acquisition of land

    1. 4. Power to acquire land compulsorily

    2. 5. Acquisition of rights in land

    3. 6. Acquisition of part of land

    4. 7. Acquisition of airspace

    5. 8. Acquisition of subsoil or under-surface

    6. 9. Highway subsoil

    7. 10. Termination of power to acquire land

  3. Extinction and exclusion of rights over land

    1. 11. Extinction of rights over land

    2. 12. Extinction of rights of statutory undertakers

    3. 13. Exclusion of new rights of way

  4. Temporary possession and use of land

    1. 14. Temporary possession and use of land

    2. 15. Use of roads

    3. 16. Cranes

    4. 17. Enforcement of restrictions on land use

    5. 18. Compensation for injurious affection

  5. Planning

    1. 19. Deemed planning permission

    2. 20. Time limit on deemed planning permission

    3. 21. Power to disapply deemed planning permission

    4. 22. Parking at Birmingham Interchange: limit on deemed planning permission

    5. 23. Development consent

  6. Deregulation

    1. 24. Listed buildings

    2. 25. Ancient monuments

    3. 26. Burial grounds

    4. 27. Consecrated land

    5. 28. Commons and open spaces

    6. 29. Trees

    7. 30. Overhead lines

    8. 31. Water

    9. 32. Buildings

    10. 33. Street works

    11. 34. Lorries

    12. 35. Noise

    13. 36. Local Acts

  7. Railway matters

    1. 37. Objectives of Office of Rail Regulation

    2. 38. Disapplication of licensing requirement in pre-operational phase

    3. 39. Disapplication of statutory closure provisions

    4. 40. Other railway legislation etc

    5. 41. Co-operation

    6. 42. Transfer of functions relating to works

  8. Nominated undertaker and other Phase One function-holders

    1. 43. Nominated undertaker

    2. 44. Transfer schemes

  9. Statutory undertakers

    1. 45. Extension of planning permission for statutory undertakers

    2. 46. Protective provisions

  10. Regeneration and reinstatement

    1. 47. Compulsory acquisition of land for regeneration or relocation

    2. 48. Power to carry out reinstatement works

  11. Further high speed rail works

    1. 49. Works in Scotland for Phase One purposes

    2. 50. Power to apply Act to further high speed rail works

    3. 51. Rights of entry for further high speed rail works

    4. 52. Exercise of rights of entry

  12. The Crown

    1. 53. Application of powers to Crown land

    2. 54. Highways for which Secretary of State is highway authority

    3. 55. Crown Estate

    4. 56. Royal parks

  13. Deposited plans and sections

    1. 57. “Deposited plans” and “deposited sections”

    2. 58. Correction of deposited plans

  14. Miscellaneous and general

    1. 59. Environmental Impact Assessment Regulations

    2. 60. Arbitration

    3. 61. Notices and other documents

  15. Interpretation

    1. 62. “Phase One purposes”

    2. 63. Interpretation

  16. Final

    1. 64. Financial provision

    2. 65. Commencement and short title

    1. Schedule 1

      Scheduled works

    2. Schedule 2

      Works

      1. Part 1

        Further and supplementary provisions

      2. Part 2

        Exercise of powers of entry etc

    3. Schedule 3

      Overhead line diversions

    4. Schedule 4

      Highways

      1. Part 1

        Highway access

      2. Part 2

        Interference with highways

      3. Part 3

        Construction and maintenance of highways

      4. Part 4

        Tables relating to Part 2 of Schedule

    5. Schedule 5

      Acquisition of land for particular purposes

    6. Schedule 6

      Acquisition of land: application of compulsory purchase
      legislation

    7. Schedule 7

      Acquisition of rights in land: power to impose restrictive
      covenants

    8. Schedule 8

      Land in which only rights may be acquired compulsorily

    9. Schedule 9

      Acquisition of rights in land: application of compulsory
      purchase legislation

    10. Schedule 10

      Acquisition of part of land only

    11. Schedule 11

      Land with restrictions relating to surface acquisition

    12. Schedule 12

      Highways: restrictions on powers to use subsoil and acquire
      land

    13. Schedule 13

      Right to require acquisition where time limit extended

    14. Schedule 14

      Extinction of rights over land

    15. Schedule 15

      Temporary possession and use of land

      1. Part 1

        Temporary possession for construction of works

      2. Part 2

        Temporary possession for maintenance of works

      3. Part 3

        Suspension of rights and enforcement

      4. Part 4

        Land which may be occupied and used for construction of
        works

    16. Schedule 16

      Conditions of deemed planning permission

      1. Part 1

        Conditions

      2. Part 2

        Qualifying authorities

      3. Part 3

        Approvals: supplementary

      4. Part 4

        Supplementary and general

    17. Schedule 17

      Listed buildings

    18. Schedule 18

      Ancient monuments

    19. Schedule 19

      Burial grounds

    20. Schedule 20

      Water

    21. Schedule 21

      Buildings

    22. Schedule 22

      Party walls etc

    23. Schedule 23

      Street works

    24. Schedule 24

      Lorries

    25. Schedule 25

      Noise

    26. Schedule 26

      Local Acts

    27. Schedule 27

      Application of other railway legislation etc

    28. Schedule 28

      Arbitration between railway operators

    29. Schedule 29

      Transfer schemes: further provision

    30. Schedule 30

      Extension of planning permission for statutory undertakers

    31. Schedule 31

      Protective provisions

      1. Part 1

        Highways and traffic

      2. Part 2

        Electricity, gas, water and sewerage undertakers

      3. Part 3

        Electronic communications code networks

      4. Part 4

        Canal & River Trust

      5. Part 5

        Land drainage, flood defence, water resources and fisheries