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High Speed Rail (London - West Midlands) BillPage 370

(8) The power conferred by section 73A(1) of that Act (power to require
undertaker to re-surface street) may not be exercised in relation to an
undertaker who is within subsection (2) of that section because of—

(a) having given a notice in respect of works proposed to be carried out
5under the powers conferred by this Act, or

(b) executing, or having executed, works under those powers.

(9) Nothing in section 74A of that Act (power to make regulations requiring
payment of charges for street works), or in regulations made under it,
applies in relation to the execution of works under the powers conferred by
10this Act.

(10) No contribution is payable under section 78A(1)(b) of that Act (contributions
by other undertakers to costs incurred in executing works specified in a re-
surfacing notice) because of the execution of works under the powers
conferred by this Act.

(11) 15Schedule 3A to that Act (restriction on works following substantial street
works) does not apply where a notice under section 54 (advance notice of
certain works) or 55 (notice of starting date of works) of that Act is in respect
of works to be executed under the powers conferred by this Act.

(12) No notice under paragraph 2(1)(d) of that Schedule (power by notice to
20require notification of works which an undertaker proposes to carry out in a
part of a highway to which a proposed restriction applies) has effect to
require the notification of works proposed to be carried out under the
powers conferred by this Act.

(13) No directions under paragraph 3 of that Schedule (directions as to the date
25on which undertakers may begin to execute proposed works) may be issued
to the nominated undertaker.

(14) Paragraph 3(4) of that Schedule (under which it is an offence for an
undertaker to execute street works before the completion of certain other
street works) does not apply in relation to the execution of works under the
30powers conferred by this Act.

(15) Paragraph 5(1) of that Schedule (effect of direction under paragraph 4
restricting further works) does not apply in relation to the execution of
works under the powers conferred by this Act.

(16) The provisions of this paragraph apply in relation to a street for which the
35Secretary of State is the street authority only if the Secretary of State consents
(and consent may be subject to conditions).

Permit schemes

3 (1) Nothing in Part 3 of the Traffic Management Act 2004 (permit schemes), or
in any permit scheme or permit regulations under that Part, applies in
40relation to the carrying out of works under the powers conferred by this Act.

(2) This paragraph applies in relation to—

(a) a permit scheme under Part 3 of the 2004 Act in respect of a street for
which the Secretary of State is the highway authority, or

(b) a permit scheme prepared by the Secretary of State under section
4533(4) of the 2004 Act,

High Speed Rail (London - West Midlands) BillPage 371

only if the Secretary of State consents (and consent may be subject to
conditions).

Section 34

SCHEDULE 24 Lorries

5Lorry ban orders

1 (1) In this Schedule “lorry ban order” means—

(a) the Greater London (Restriction of Goods Vehicles) Traffic Order
1985, or

(b) any other order made at any time under section 1 or 6 of the Road
10Traffic Regulation Act 1984 which to any extent imposes—

(i) a prohibition or restriction on the use of heavy commercial
vehicles, or any class of such vehicles, in an area, zone or
place, or on a road, specified in the order, or

(ii) a requirement that heavy commercial vehicles, or any class of
15such vehicles, use a specified through route.

(2) The reference in sub-paragraph (1)(b)(i) to a prohibition or restriction on the
use of heavy commercial vehicles on a road does not include a prohibition
or restriction on their use on part of the width of a road.

(3) It is immaterial for the purposes of sub-paragraph (1)(b) whether the
20prohibition, restriction or requirement is subject to exceptions.

(4) This paragraph applies in relation to a lorry ban order made by the Secretary
of State only if the Secretary of State consents (and consent may be subject to
conditions).

Required provision in lorry ban orders

2 (1) 25If a lorry ban order referred to in paragraph 1(1)(b) does not contain the
required provision, it is to be treated as if it did.

(2) The required provision is provision to the effect that—

(a) a person proposing to use heavy commercial vehicles in connection
with authorised works in a way which would otherwise constitute a
30breach of the prohibition, restriction or requirement referred to in
paragraph 1(1)(b) may apply for the issue of a permit in respect of
that use, and

(b) the use authorised by such a permit does not constitute a breach of
the prohibition, restriction or requirement.

35Issue of emergency permits

3 (1) This paragraph applies where a person proposes to undertake a journey
before the end of the next complete eight working days, being a journey—

(a) proposed to be undertaken in connection with the carrying out of
authorised works, and

(b) 40for which a permit under a lorry ban order is required if the
prohibition, restriction or requirement is not to be breached.

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(2) The person may apply for a permit under the lorry ban order for the journey
by giving the details mentioned in sub-paragraph (3) by telephone or by
electronic means to the authority responsible for dealing with permits under
the order.

(3) 5The details referred to above are—

(a) the identity of the applicant,

(b) how the applicant may be contacted by telephone or by electronic
means,

(c) the registration number of the vehicle to which the application
10relates,

(d) the authorised works in connection with which the journey is to be
undertaken,

(e) whether any approved arrangements are relevant to the application
and, if so, what they are,

(f) 15the date when the journey is proposed to be undertaken, and

(g) in the case of an order made otherwise than by the Secretary of State,
whether it is proposed to stop in the relevant area for delivery or
collection purposes and, if so, the place or places and time or times at
which it is proposed to do so, and

(h) 20in the case of an order made by the Secretary of State, such details of
the place or places and time or times at which it is proposed to stop
for delivery or collection purposes as may be set out in conditions
attaching to consent given under paragraph 1(5).

(4) In sub-paragraph (3)(g) “relevant area” means—

(a) 25Greater London, if the area, zone, place or road specified in the order
is in Greater London, and

(b) the area of the traffic authority, in any other case.

4 (1) An authority responsible for dealing with permits under a lorry ban order
must make arrangements enabling applications under paragraph 3 to be
30made at any time.

(2) Once an application for a permit has been made under paragraph 3, then, for
the purpose of any relevant journey, the application is to be treated as
granted subject to such conditions as the Secretary of State may by order
specify.

(3) 35A journey is a relevant journey for the purposes of sub-paragraph (2) if it is
begun before the authority to which the application is made has
communicated its decision on the application to the applicant by the means
specified by the application under paragraph 3(3)(b).

(4) The power to make an order under sub-paragraph (2) includes—

(a) 40power to make different provision for different cases, and

(b) power to make an order varying or revoking any order previously
made under that provision.

Grant of applications for permit

5 (1) This paragraph applies where an application for the issue of a permit under
45a lorry ban order—

(a) is made under paragraph 3, or

High Speed Rail (London - West Midlands) BillPage 373

(b) is otherwise expressed to be made in connection with the carrying
out of authorised works.

(2) The application must be granted if the issue of a permit is reasonably
required—

(a) 5for the purpose of enabling authorised works to be carried out in a
timely and efficient manner, or

(b) for the purpose of enabling authorised works to be carried out in
accordance with approved arrangements.

(3) If the application is granted, no condition may be imposed which is likely to
10obstruct the carrying out of authorised works—

(a) in a timely and efficient manner, or

(b) in accordance with approved arrangements.

(4) An applicant aggrieved by a decision under sub-paragraph (2) or (3) may
appeal to the Secretary of State by giving notice of the appeal to—

(a) 15the Secretary of State, and

(b) the authority whose decision is appealed against,

within 28 days of notification of the decision.

(5) On an appeal under sub-paragraph (4), the Secretary of State may allow or
dismiss the appeal or vary the decision of the authority whose decision is
20appealed against.

(6) If, on an appeal under sub-paragraph (4) against a decision under sub-
paragraph (3), the Secretary of State varies the decision, the variation has
effect from and including the date on which the appeal was constituted or
such later date as the Secretary of State may specify.

(7) 25The applicant may not challenge a decision under sub-paragraph (3)
otherwise than by an appeal under sub-paragraph (4).

Supplementary interpretation

6 (1) In this Schedule—

(2) 40In this Schedule references to the issuing of a permit include the giving of
any consent.

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Section 35

SCHEDULE 25 Noise

Control of noise on construction sites

1 (1) In the Control of Pollution Act 1974, sections 60 (control of noise on
5construction sites) and 61 (prior consent for work on construction sites) each
have effect, in relation to works carried out in exercise of the powers
conferred by this Act, as if—

(a) in subsection (7) (appeal against notice or against failure to give
consent or the giving of qualified consent), for “a magistrates’ court”
10there were substituted “the Secretary of State”, and

(b) after that subsection there were inserted—

(7A) If within seven days of the giving of notice of appeal under
subsection (7) of this section the appellant and the local
authority so agree, the appeal shall, instead of being
15determined by the Secretary of State, be referred to
arbitration.

(2) The Secretary of State for Environment, Food and Rural Affairs and the
Secretary of State for Transport acting jointly may, in relation to appeals
which (by virtue of sub-paragraph (1)) are referred to arbitration under
20section 60(7A) or 61(7A) of the Control of Pollution Act 1974, by regulations
make any such provision as may be made by regulations under section 70 of
that Act in relation to appeals under Part 3 of that Act to the Secretary of
State.

(3) Regulations under sub-paragraph (2) must be made by statutory
25instrument; and a statutory instrument containing such regulations is
subject to annulment in pursuance of a resolution of either House of
Parliament.

Defences to proceedings relating to statutory nuisance

2 In proceedings for an offence under section 80(4) of the Environmental
30Protection Act 1990 (offence of contravening abatement notice) in respect of
a statutory nuisance falling within section 79(1)(g) or (ga) of that Act where
the offence consists in contravening requirements imposed by virtue of
section 80(1)(a) or (b) of that Act, it is a defence to show that the nuisance—

(a) is a consequence of—

(i) 35the construction or maintenance of the works authorised by
this Act, or

(ii) the operation of Phase One of High Speed 2, and

(b) cannot reasonably be avoided.

3 (1) Where proceedings are brought under section 82(1) of the Environmental
40Protection Act 1990 (summary proceedings by person aggrieved by
statutory nuisance) in relation to—

(a) a statutory nuisance falling within section 79(1)(g) of that Act (noise
emitted from premises), or

(b) a statutory nuisance falling within section 79(1)(ga) of that Act (noise
45emitted by vehicle, machinery or equipment in a street),

High Speed Rail (London - West Midlands) BillPage 375

no order may be made, and no fine may be imposed, under section 82(2) of
that Act if the defendant shows that sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies if the nuisance—

(a) relates to premises or, as the case may be, to a vehicle, machinery or
5equipment, used by the nominated undertaker for the purposes of or
in connection with the exercise of the powers conferred by this Act
with respect to works, and

(b) is attributable to the carrying out of works which are being carried
out in accordance with a notice served under section 60, or a consent
10given under section 61 or 65, of the Control of Pollution Act 1974.

(3) This sub-paragraph applies if the nuisance—

(a) is a consequence of—

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

(ii) 15the operation of Phase One of High Speed 2, and

(b) cannot reasonably be avoided.

4 The following provisions of the Control of Pollution Act 1974—

(a) section 61(9) (consent for work on construction site to include
statement that it does not of itself constitute a defence to proceedings
20under section 82 of the Environmental Protection Act 1990), and

(b) section 65(8) (corresponding provision in relation to consent for
registered noise level to be exceeded),

do not apply where the consent relates to the use of premises or, as the case
may be, of a vehicle, machinery or equipment by the nominated undertaker
25for the purposes of or in connection with the exercise of the powers
conferred by this Act with respect to works.

Section 36

SCHEDULE 26 Local Acts

London Squares Preservation Act 1931 (c. xciii)

1 (1) 30Nothing in section 3 of the London Squares Preservation Act 1931
(protection of squares) has effect in relation to anything done for the
purposes of or in connection with the exercise of the powers conferred by
this Act with respect to works.

(2) Nothing in any agreement under section 9 of that Act (agreements between
35local authority and owner of a protected square) has effect to prohibit,
restrict or impose any condition on the exercise of the powers conferred by
this Act with respect to works.

London Overground Wires &c. Act 1933 (c. xliv)

2 Nothing in the London Overground Wires &c. Act 1933, or in any byelaw
40made under that Act, extends or applies to any wires or part of a wire
erected or placed, proposed to be erected or placed, or for the time being
maintained, by the nominated undertaker in exercise of the powers
conferred by this Act.

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London Building Acts (Amendment) Act 1939 (c. xcvii)

3 (1) The following provisions of the London Building Acts (Amendment) Act
1939 do not apply to anything held by the Secretary of State or the
nominated undertaker and used, or intended for use, by the nominated
5undertaker for the purposes of its undertaking under this Act—

(a) Part 3 (construction of buildings and structures generally),

(b) Part 4 (construction of special and temporary buildings and
structures), and

(c) Part 5 (means of escape in case of fire).

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

West Midlands County Council Act 1980 (c. xi)

4 (1) Section 11 of the West Midlands County Council Act 1980 (floodlighting)
20does not apply to floodlighting provided for the purposes of or in
connection with the exercise of the powers conferred by this Act with respect
to works.

(2) Section 15 of that Act (dust) does not apply to building operations carried
out in exercise of the powers conferred by this Act.

(3) 25Section 16 of that Act (noise from air-powered tools and compressors) does
not apply to equipment used for the purposes of or in connection with the
exercise of the powers conferred by this Act with respect to works.

(4) Section 21 of that Act (powers of entry for Prevention of Damage by Pests
Act 1949) does not apply in relation to any land held by the nominated
30undertaker and used, or intended for use, by the nominated undertaker for
the purposes of its undertaking under this Act.

(5) Section 46 of that Act (building plans: access for fire brigade) does not apply
to plans relating to a building held by the Secretary of State or the nominated
undertaker and used, or intended for use, by the nominated undertaker for
35the purposes of its undertaking under this Act.

(6) Part 7 of that Act (storage of flammable materials) does not apply in relation
to a stack on land 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.

(7) 40Section 84 of that Act (works erected etc over watercourses) does not apply
to a work (as defined in that section) belonging to 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.

High Speed Rail (London - West Midlands) BillPage 377

Staffordshire Act 1983 (c. xviii)

5 (1) Section 7 of the Staffordshire Act 1983 (plans for new streets) does not apply
to any work carried out in exercise of the powers conferred by this Act.

(2) Section 10(1)(b) of that Act (ornamental or mown land) does not apply to the
5use of a vehicle which is reasonably necessary—

(a) for the purposes of, or in connection with, the exercise of the powers
conferred by this Act with respect to works, or

(b) for the purposes of the nominated undertaker’s undertaking under
this Act.

(3) 10Section 12 of that Act (dust) does not apply to building operations carried
out in exercise of the powers conferred by this Act.

(4) Section 16 of that Act (powers of entry for Prevention of Damage by Pests
Act 1949) does not apply in relation to any land held by the nominated
undertaker and used, or intended for use, by the nominated undertaker for
15the purposes of its undertaking under this Act.

(5) Section 26 of that Act (building plans: access for fire brigade) does not apply
to plans relating 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.

(6) 20Part 7 of that Act (storage of flammable materials) does not apply in relation
to a stack on land 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.

Oxfordshire Act 1985 (c. xxxiv)

6 (1) 25Section 5(2)(a) of the Oxfordshire Act 1985 (grass verges and open spaces)
does not apply to the use of a vehicle, or the leaving of a vehicle, which is
reasonably necessary—

(a) for the purposes of, or in connection with, the exercise of the powers
conferred by this Act with respect to works, or

(b) 30for the purposes of the nominated undertaker’s undertaking under
this Act.

(2) Section 10 of that Act (culverting of ditches) does not apply to anything done
in exercise of the powers conferred by this Act with respect to works.

Greater London Council (General Powers) Act 1986 (c. iv)

7 35The following provisions of the Greater London Council (General Powers)
Act 1986 do not apply to anything done in exercise of the powers conferred
by this Act with respect to works—

(a) section 5(1) (consent of borough council required for demolition of
works under a street),

(b) 40section 6(1) (consent of borough council required for works
preventing access to premises under a street), and

(c) section 7(1) (consent of borough council required for infilling in
premises under a street).

High Speed Rail (London - West Midlands) BillPage 378

Section 40

SCHEDULE 27 Application of other railway legislation etc

Highway (Railway Crossings) Act 1839 (c. 45)Highway (Railway Crossings) Act 1839 (c. 45)

1 The Highway (Railway Crossings) Act 1839 does not apply to a railway
5authorised by this Act.

Railway Regulation Act 1840 (c. 97)1840 (c. 97)

2 (1) In its application to Phase One of High Speed 2, or a train all or part of whose
journey is on Phase One of High Speed 2, section 16 of the Railway
Regulation Act 1840 (obstruction of officers of railway company or trespass
10upon railway) has effect as if—

(a) the maximum fine which may be imposed on summary conviction of
the offence for which it provides were level 3 on the standard scale
(instead of level 1), and

(b) the court had, as an alternative to imposing a fine, the power to
15award imprisonment for a period not exceeding 51 weeks (in the case
of an offence committed in England and Wales) or 12 months (in the
case of an offence committed in Scotland).

(2) In relation to an offence committed in England and Wales before the
commencement of section 281(5) of the Criminal Justice Act 2003, the
20reference in sub-paragraph (1)(b) to 51 weeks is to be read as a reference to
one month.

Railway Regulation Act 1842 (c. 55)Railway Regulation Act 1842 (c. 55)

3 Section 9 of the Railway Regulation Act 1842 does not apply to a railway
authorised by this Act.

25Railways Clauses Consolidation Act 1845 (c. 20)1845 (c. 20)

4 (1) The following provisions only of the Railways Clauses Consolidation Act
1845 are incorporated with this Act, in so far as they are applicable for the
purposes of this Act and not inconsistent with its provisions—

(2) In their application by virtue of sub-paragraph (1)

(a) section 2 has effect with the substitution for “so incorporated as
aforesaid” of “incorporated”;

(b) 35section 6 has effect with the omission of “and to take lands for that
purpose”, “taken or” and “for the value of the lands so taken or used,
and”;

(c) sections 18 and 21 do not apply in any case where the relations
between the nominated undertaker and any other person are
40regulated by sections 84 and 85 of the New Roads and Street Works
Act 1991 or Part 2 of Schedule 31 to this Act (protective provisions
relating to utility undertakers);

(d) section 46 has effect with the omission of the words from “of the
height” to “in that behalf provided”;

High Speed Rail (London - West Midlands) BillPage 379

(e) section 68 has effect with the omission of the words from “Such and”
to “formation thereof” and from “together with all necessary gates”
to “all necessary stiles”.

Railways Clauses Act 1863 (c. 92)1863 (c. 92)

5 (1) 5Sections 4 and 12 of the Railways Clauses Act 1863 (and section 3 of that Act
so far as relating to those sections) are incorporated with this Act, in so far
as applicable for the purposes of this Act and not inconsistent with its
provisions.

(2) In its application by virtue of sub-paragraph (1), section 4 has effect with the
10omission of—

(a) the words “and subject to the limitations contained in sections
eleven, twelve, and fifteen of those Acts respectively,”, and

(b) the words from “Provided that nothing” to the end.

Regulation of Railways Act 1889 (c. 57)1889 (c. 57)

6 15In its application to Phase One of High Speed 2, or a train all or part of whose
journey is on Phase One of High Speed 2, section 5 of the Regulation of
Railways Act 1889 has effect as follows—

(a) section 5(1) (failure to produce ticket, pay fare or give name and
address) has effect as if the maximum fine which may be imposed on
20summary conviction of the offence for which it provides were level 2
on the standard scale (instead of level 1);

(b) section 5(2) (power to arrest passenger who fails to produce ticket
and refuses to give name and address) has effect as if after “refuses”
there were inserted “or fails”;

(c) 25section 5(3) (travel with intent to avoid payment of fare) has effect as
if the maximum fine which may be imposed on summary conviction
of the offence for which it provides were level 3 on the standard scale
(instead of level 2).

Railway Companies (Accounts and Returns) Act 1911 (c. 34)Railway Companies (Accounts and Returns) Act 1911 (c. 34)

7 30For the purposes of the Railway Companies (Accounts and Returns) Act
1911, a person is not a railway company by virtue of working a railway
authorised by this Act.

British Transport Commission Act 1949 (c xxix)

8 (1) Section 55 of the British Transport Commission Act 1949 (penalty for
35trespass on railways etc) also applies in relation to any railway, siding,
tunnel, railway embankment, cutting or similar work constructed in exercise
of the powers conferred by this Act.

(2) Section 56 of that Act (penalty for stone throwing etc on railways) also
applies in relation to any railway or siding constructed in exercise of the
40powers conferred by this Act.

North Pole Depot

9 (1) Clause 12 of the 1987 North Pole Depot undertaking (restriction on the
operation of diesel locomotives on the site) does not apply in relation to—

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