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High Speed Rail (London - West Midlands) BillPage 160

(b) states the date on which, and the place from which, the remains were
removed, and

(c) states the date and place of reburial or cremation.

(2) Where any remains in relation to which paragraph 1(3) applies are removed
5under this Schedule, or remains in relation to which paragraph 1(4) applies
are removed under paragraph 5(3), the nominated undertaker must, within
12 months of the removal or such longer period as the Secretary of State may
direct in relation to the case, provide the Registrar General with a certificate
which—

(a) 10identifies the remains, so far as practicable,

(b) states the date on which, and the place from which, the remains were
removed,

(c) if at the time the certificate is provided the remains have been
reburied or cremated, states the date and place of reburial or
15cremation, and

(d) if at that time the remains have not been reburied or cremated, states
where and by whom they are kept.

(3) Where any monument is removed under this Schedule, the nominated
undertaker must, within two months of the removal—

(a) 20deposit with the local authority in whose area the monument was
situated prior to the removal a record which—

(i) identifies the monument,

(ii) gives any inscription on it,

(iii) states the date on which, and the place from which, it was
25removed, and

(iv) states the place, if any, to which it was moved or how it was
disposed of, and

(b) provide the Registrar General with a copy of the record deposited
under paragraph (a).

(4) 30The nominated undertaker may require any person who removes remains or
a monument under this Schedule to provide it with any information about
the remains or monument removed which it needs in order to comply with
sub-paragraph (1), (2) or (3).

(5) In sub-paragraph (3)(a), “local authority” means the unitary authority or, in
35a non-unitary area, the district council.

Discharge of functions by nominated undertaker

9 (1) Where the nominated undertaker removes remains in relation to the
removal of which a licence has been granted under paragraph 2(1) or (2), it
must carry out in accordance with the reasonable requests of the licensee—

(a) 40its functions under paragraph 3 or 4 with respect to disposal of the
remains, and

(b) if it removes any monument to the deceased, the functions under
paragraph 7 with respect to disposal of the monument.

(2) In a case where more than one licence is granted under paragraph 2(1) or (2)
45and the licensees make different reasonable requests for the purposes of sub-
paragraph (1), the nominated undertaker must carry out the functions
referred to in that sub-paragraph in accordance with directions given by the
Secretary of State.

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(3) Directions under sub-paragraph (2) may include directions that—

(a) a licensee may apply to the county court to determine how remains
or a monument are to be disposed of, and

(b) how the remains or monument are to be dealt with pending the
5court’s determination.

10 The Secretary of State may give such directions as the Secretary of State
thinks fit with respect to the carrying out of any function under this
Schedule.

Relatives and personal representatives

11 (1) 10In this Schedule, references to a relative of the deceased are to a person
who—

(a) is a husband, wife, civil partner, parent, grandparent, child or
grandchild of the deceased, or

(b) is, or is a child of, a brother, sister, uncle or aunt of the deceased.

(2) 15For the purposes of this Schedule, a person is to be taken to be a relative or
personal representative of the deceased if—

(a) the nominated undertaker is satisfied that the person is a relative or
personal representative of the deceased, or

(b) the county court, on the application of the person, has declared that
20the person is a relative or personal representative of the deceased.

Section 31

SCHEDULE 20 Water

Water abstraction and impounding

1 The restriction imposed by section 24(1) of WRA 1991 (restriction on the
25abstraction of water) does not apply in relation to the abstraction of water for
the purposes of or in connection with the construction of the works
authorised by this Act.

2 Section 25 of WRA 1991 (restrictions on impounding) does not apply to
anything done in exercise of the powers conferred by this Act with respect
30to works.

3 (1) Section 48A(1) of WRA 1991 (duty not to cause loss or damage to another by
the abstraction of water) does not apply in relation to the abstraction of
water in connection with the exercise of the powers conferred by this Act.

(2) Where—

(a) 35the nominated undertaker causes loss or damage to another person
by the abstraction of water in connection with the exercise of the
powers conferred by this Act, and

(b) the circumstances are such that causing the loss or damage would
have constituted breach of the duty under section 48A(1) of WRA
401991, but for sub-paragraph (1),

the nominated undertaker must compensate the other person for the loss or
damage.

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(3) Compensation under sub-paragraph (2) is to be assessed on the same basis
as damages for breach of the duty under section 48A(1) of WRA 1991.

(4) Section 48A(5) of WRA 1991 (prohibition of claims in respect of loss or
damage caused by abstraction of water which are not claims under that
5section) has no application to claims under—

(a) this paragraph, or

(b) Part 5 of Schedule 31.

Structures in, over or under a main river

4 Section 109 of WRA 1991 (consent required for erection, alteration or repair
10of structures in, over or under a main river) does not apply to anything done
in exercise of the powers conferred by this Act with respect to works.

Floods

5 Paragraph 5 of Schedule 1 to FWMA 2010 (consent required for alteration,
removal or replacement of designated feature) does not apply to anything
15done in exercise of the powers conferred by this Act with respect to works.

Drainage

6 Paragraph 7 of Schedule 3 to FWMA 2010 (approval required for drainage
system for construction work) does not apply in relation to anything done in
exercise of the powers conferred by this Act with respect to works.

20Communication with public sewers in London

7 Section 106(8) of the Water Industry Act 1991 (which qualifies the general
right to communicate with the public sewers of a sewerage undertaker in
Greater London) does not apply where the proposed communication
involves a drain or sewer serving Phase One of High Speed 2.

25Eels

8 Part 4 of the Eels (England and Wales) Regulations (S.I. 2009/3344S.I. 2009/3344) (passage
of eels) does not apply to anything done in exercise of the powers conferred
by this Act with respect to works.

Interpretation

9 30In this Schedule—

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Section 32(1)

SCHEDULE 21 Buildings

Building regulations

1 (1) Nothing in—

(a) 5Part 1 of the 1984 Act with respect to building regulations, or

(b) any building regulations,

applies to a building held by the Secretary of State or the nominated
undertaker and used, or intended for use, by the nominated undertaker for
the purposes of its undertaking under this Act.

(2) 10Sub-paragraph (1) does not apply in relation to a building which is a house
or hotel.

(3) Sub-paragraph (1) does not apply in relation to a building which is used as
offices or showrooms unless it forms part of a railway station or other
railway facility.

(4) 15The reference in sub-paragraph (3) to a “railway facility” includes a
maintenance depot, electrical supply facility or stabling facility used for the
purposes of a railway.

(5) The reference in sub-paragraph (1)(b) to building regulations does not
include the provisions listed in regulation 34(1) of the Building Regulations
202010 (S.I. 2010/2214S.I. 2010/2214) (requirements relating to energy efficiency).

Drain repairs

2 In section 61 of the 1984 Act—

(a) subsection (2) (local authority officers to have access to drain repair
works), and

(b) 25subsection (3) (offence for failure to comply with section 61),

do not apply to the repair, reconstruction or alteration of an underground
drain which is carried out for Phase One purposes.

Drain disconnections

3 Where works described in section 62(1)(a), (b) or (c) of the 1984 Act
30(reconstruction and other drain works) are carried out for Phase One
purposes, section 62 of the 1984 Act (which requires drains to be
disconnected when they become disused or unnecessary in consequence of
reconstruction and other works) has effect as if—

(a) in subsection (1), for “as the local authority may reasonably require”
35there were substituted “as the person considers necessary”,

(b) subsections (2) and (3) were omitted,

(c) for subsection (4) there were substituted—

(4) Before carrying out works described in subsection (1)(a), (b)
or (c), the person carrying out the works must give at least 48
40hours’ notice to the local authority., and

(d) subsection (5) were omitted.

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Raising of chimneys

4 (1) This paragraph applies where—

(a) the nominated undertaker is given a notice under section 73(1) of the
1984 Act (notice requiring chimney of adjoining building to be raised
5and requiring owner or occupier of that building to allow access to it
for that purpose),

(b) the taller building is a building held, or to be held, by the Secretary
of State or the nominated undertaker and used, or intended for use,
by the nominated undertaker for the purposes of its undertaking
10under this Act, and

(c) the owner or occupier of the adjoining building referred to in section
73(1)(b) of the 1984 Act serves a counter-notice on the nominated
undertaker.

(2) The owner or occupier of the adjoining building may not enter upon
15relevant Phase One land, for the purposes of carrying out the work to which
the counter-notice relates, without the consent of the Secretary of State or the
nominated undertaker.

(3) “Relevant Phase One land” means land held by the Secretary of State or the
nominated undertaker and used, or intended for use, by the nominated
20undertaker for the purposes of its undertaking under the Act.

(4) Where, by reason of the withholding of consent for the purposes of sub-
paragraph (2), the owner or occupier of the adjoining building is unable to
carry out the work to which the counter-notice relates, the counter-notice
ceases to have effect.

(5) 25In this paragraph, references to “the taller building” and a “counter-notice”
are to be construed in accordance with section 73 of the 1984 Act.

Construction of cellars and rooms below subsoil water level

5 (1) Section 74(1) of the 1984 Act (which requires local authority consent for the
construction of a cellar or room below subsoil water level in, or as part of, a
30house, shop, inn, hotel or office) does not apply to the construction of a cellar
or room in connection with a shop, inn, hotel or office which forms part of a
railway station or other railway facility which is being used, or which is
intended for use, by the nominated undertaker for the purposes of its
undertaking under this Act.

(2) 35The reference in sub-paragraph (1) to a “railway facility” includes a
maintenance depot, electrical supply facility or stabling facility used for the
purposes of a railway.

Interpretation

6 In this Schedule—

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Section 32(2)

SCHEDULE 22 Party walls etc

1 In this Schedule, “the 1996 Act” means the Party Wall etc Act 1996.

2 No notice under section 1(2) or (5) of the 1996 Act (notice before building on
5line of junction with adjoining land) is required before the building of any
wall for Phase One purposes.

3 Sections 1(6) and 2 of the 1996 Act (rights of adjoining owners) do not have
effect to confer rights in relation to—

(a) anything held by the Secretary of State or the nominated undertaker
10and used, or intended for use, by the nominated undertaker for the
purposes of its undertaking under this Act, or

(b) land on which there is any such thing.

4 No party structure notice under section 3 of the 1996 Act is required before
the exercise of any right conferred by section 2 of that Act (right to repair etc
15party wall) for the purposes of or in connection with—

(a) the construction of the works authorised by this Act, or

(b) the maintenance of any such work during the period beginning with
the date on which the work is completed and ending 5 years after the
date on which it is brought into general use.

5 20Section 6 of the 1996 Act (underpinning of adjoining buildings) does not
apply in relation to a proposal to excavate, or excavate for and erect
anything, for Phase One purposes.

6 (1) Where—

(a) a building owner (within the meaning of the 1996 Act) serves a notice
25under section 6(5) of that Act, and

(b) the building or structure of the adjoining owner (within the meaning
of that Act) referred to in that provision is a building or structure—

(i) erected for Phase One purposes, or

(ii) situated on land held by the Secretary of State or the
30nominated undertaker for the purposes of the nominated
undertaker’s undertaking under this Act,

section 6 of that Act has effect as if it were subject to the following
modifications.

(2) Those modifications are—

(a) 35that subsection (3) is omitted, and

(b) the substitution for subsections (6) and (7) of—

(6) The notice referred to in subsection (5) (“the proposals
notice”)—

(a) shall be accompanied by plans and sections
40showing—

(i) the site and depth of any excavation the
building owner proposes to make;

(ii) if he proposes to erect a building or structure,
its site; and

(b) 45where the notice includes a proposal to underpin or
otherwise strengthen or safeguard the foundations of

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the building or structure of the adjoining owner,
shall—

(i) include a detailed description of those works;
and

(ii) 5specify the building owner’s programme for
carrying them out.

(6A) The adjoining owner may serve a notice on the building
owner consenting to the proposals notice.

(6B) Where the proposals include the carrying out of works
10mentioned in subsection (6)(b), the consent notice served
under subsection (6A) must state whether the adjoining
owner—

(a) is to carry out those works himself, or

(b) requires the works to be carried out by the building
15owner.

(7) If an owner on whom a proposals notice has been served does
not serve a consent notice within the period of 14 days
beginning with the day on which the proposals notice was
served, he shall be deemed to have dissented from the notice
20and a dispute shall be deemed to have arisen between the
parties.

(7A) Works to underpin or otherwise strengthen or safeguard the
foundations of the building or structure of the adjoining
owner (whether proposed in the proposals notice or
25otherwise) are to be carried out by the adjoining owner,
unless the building owner is required to carry them out—

(a) by virtue of a requirement within subsection (6B)(b),
or

(b) where a dispute is deemed to have arisen between the
30parties in relation to any matter, by a notice served by
the adjoining owner on the building owner within the
period of 14 days beginning with—

(i) the day on which the parties settle the dispute,
or

(ii) 35the day on which an award is made under
section 10 in relation to the dispute.

(7B) The works (whether carried out by the adjoining owner or the
building owner) are to be carried out—

(a) at the building owner’s expense, and

(b) 40in accordance with the description and programme
agreed by the parties (whether by virtue of a consent
notice or in connection with the settlement of any
dispute) or determined in accordance with section 10
(in the case of a dispute in relation to which an award
45is made under that section).

7 (1) This paragraph applies where a dispute arises or is deemed to have arisen in
respect of a matter connected with any work to which the 1996 Act relates
and the work—

(a) is required for Phase One purposes, or

High Speed Rail (London - West Midlands) BillPage 167

(b) relates to a building or structure situated on land held by the
Secretary of State or the nominated undertaker for the purposes of
the nominated undertaker’s undertaking under this Act.

(2) In such a case, the 1996 Act has effect as if for section 10 (resolution of
5disputes) there were substituted—

10 Resolution of disputes

(1) Where a dispute arises or is deemed to have arisen between a
building owner and an adjoining owner in respect of any matter
connected with any work to which this Act applies, the dispute is to
10be settled by a single arbitrator, to be—

(a) agreed on by both parties, or

(b) in default of agreement, appointed on the application of
either party, after notice in writing to the other, by the
President of the Institution of Civil Engineers.

(a)(a)15agreed on by both parties, or

(b) in default of agreement, appointed on the application of
either party, after notice in writing to the other, by the
President of the Institution of Civil Engineers.

(2) If the arbitrator—

(a) 20refuses to act;

(b) neglects to act for a period of ten days beginning with the day
on which either party serves a request on the arbitrator;

(c) dies before the dispute is settled; or

(d) becomes or deems himself or herself incapable of acting,

25subsection (1) applies again.

(3) The arbitrator must settle by award any matter—

(a) which is connected with any work to which this Act relates,
and

(b) which is in dispute between the building owner and the
30adjoining owner.

(4) An award may determine—

(a) the right to execute any work;

(b) the time and manner of executing any work; and

(c) any other matter arising out of or incidental to the dispute
35including the costs of making the award.

(5) But, unless otherwise agreed between the building owner and the
adjoining owner, any period appointed by the award for executing
any work does not begin to run until after the end of the period
prescribed by this Act for service of the notice in respect of which the
40dispute arises or is deemed to have arisen.

(6) The reasonable costs incurred in—

(a) making or obtaining an award under this section,

(b) reasonable inspections of work to which the award relates,
and

(c) 45any other matter arising out of the dispute,

are to be paid by such of the parties as the arbitrator determines.

(7) Where the arbitrator makes an award, the arbitrator must serve it
forthwith on the parties.

(8) The award is conclusive and must not except as provided by this
50section be questioned in any court.

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(9) Either of the parties to the dispute may appeal to the county court
against the award within the period of 14 days beginning with the
day on which the award is served on the party making the appeal.

(10) On such an appeal, the county court may—

(a) 5rescind the award or modify it in such manner as the court
thinks fit; and

(b) make such order as to costs as the court thinks fit.

(3) Where the 1996 Act has effect as mentioned in sub-paragraph (2)

(a) section 7(5) has effect as if the words “(or surveyors acting on their
10behalf)” were omitted,

(b) section 8(5) has effect as if the reference to a surveyor appointed or
selected under section 10 were to an arbitrator agreed or appointed
under section 10 (as modified by sub-paragraph (2)),

(c) section 8(6) has effect as if it provided for the arbitrator to give notice
15of its intention to enter land or premises, and

(d) section 12(3)(b) has effect as if the reference to the surveyor or
surveyors were to the arbitrator.

8 (1) Where, by virtue of paragraph 6, work to which a notice under section 6(5)
of the 1996 Act relates are carried out by an adjoining owner, sections 13 and
2014 of that Act have effect subject to the following modifications.

(2) Section 13(1) has effect as if it enabled the adjoining owner, within the period
of two months beginning with the day of the completion of the work, to
serve on the building owner an account in writing showing particulars and
expenses of the work.

(3) 25Section 13(2) has effect as if it enabled the building owner to serve on the
adjoining owner a notice objecting to the account served under section 13(1)
(as modified by sub-paragraph (2)).

(4) Section 14 has effect as if—

(a) for subsection (1) there were substituted—

(1) 30All expenses to be defrayed by a building owner in
accordance with an account served under section 13 shall be
paid by the building owner., and

(b) subsection (2) were omitted.

Section 33

SCHEDULE 23 35Street works

Works in or near highways

1 (1) The following enactments (which control obstructions of the highway in
connection with works relating to buildings) do not apply to anything
erected, placed or retained in, upon or over a highway for the purposes of or
40in connection with the exercise of the powers conferred by this Act—

(a) section 15(1) of the Greater London Council (General Powers) Act
1970 (c. lxxvi), and

(b) section 169(1) of the Highways Act 1980.

High Speed Rail (London - West Midlands) BillPage 169

(2) Section 141 of the Highways Act 1980 (c. 66)Highways Act 1980 (c. 66) (restriction on planting trees or
shrubs in or near carriageway) does not apply to any tree or shrub planted
for the purposes of or in connection with the exercise of the powers
conferred by this Act.

(3) 5Section 167 of the Highways Act 1980 (powers relating to retaining walls
near streets) does not apply to any length of a retaining wall erected on land
held by the Secretary of State or nominated undertaker and used, or
intended for use, by the nominated undertaker for the purposes of its
undertaking under this Act.

(4) 10Nothing in section 8(2) to (5) of the Greater London Council (General
Powers) Act 1986 (c. iv) (power of borough councils in relation to retaining
walls supporting the carriageway or footway of certain highways) applies
with respect to any retaining wall erected in exercise of the powers conferred
by this Act.

(5) 15The provisions of this paragraph apply in relation to a highway for which
the Secretary of State is the highway authority only if the Secretary of State
consents (and consent may be subject to conditions).

Street works

2 (1) The powers conferred by section 56(1) and (1A) of the New Roads and Street
20Works Act 1991 (powers to give directions as to the timing of proposed and
subsisting street works) do not apply in relation to works proposed to be, or
being, carried out under the powers conferred by this Act.

(2) Section 56A of that Act (power to give directions as to placing of apparatus)
does not apply in relation to the placing of apparatus in exercise of the
25powers conferred by this Act.

(3) No restriction under section 58(1) of that Act (power to impose restriction on
execution of street works following completion of substantial road works)
has effect in relation to works carried out under the powers conferred by this
Act.

(4) 30Section 61(1) of that Act (under which the consent of the street authority is
required for the placing of apparatus in a protected street) does not apply to
the placing of apparatus in exercise of the powers conferred by this Act.

(5) Section 62(2) of that Act (power following designation of protected street to
require removal or repositioning of apparatus already placed in the street)
35does not apply in relation to apparatus placed in exercise of the powers
conferred by this Act.

(6) Section 62(4) of that Act (power when designation as protected street
commences or ceases to give directions with respect to works in progress)
does not apply in relation to works being carried out under the powers
40conferred by this Act.

(7) Section 63(1) of that Act (under which Schedule 4 to that Act has effect for
requiring the settlement of a plan and section of street works to be executed
in a street designated by the street authority as having special engineering
difficulties) does not apply in relation to works to be executed under the
45powers conferred by this Act.

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Contents page 1-9 10-19 20-28 30-94 95-109 110-119 120-129 130-139 140-148 150-159 160-169 170-179 180-189 190-199 200-214 Last page