High Speed Rail (London - West Midlands) Bill (HC Bill 2)

(4) Where the supporting or strengthening of a building under this paragraph
cannot be carried out reasonably conveniently without entering land
adjacent to the building, the nominated undertaker may, on giving at least
14 days’ notice to the owners and occupiers of the adjacent land, enter the
5land (but not any building on it) and carry out the work.

(5) In case of emergency, the power under sub-paragraph (1) or (4) is exercisable
without notice.

(6) For the purpose of deciding whether or how to exercise its powers under this
paragraph, the nominated undertaker may enter and survey—

(a) 10any building within the relevant distance of any of the works
authorised by this Act, or

(b) any land adjacent to such a building (but not any building on any
such land).

(7) The nominated undertaker may, in connection with the exercise of the
15power under this paragraph to support or strengthen a building, place and
leave (temporarily or permanently) any equipment or material in, next to or
under the building or on or under land in the vicinity of the building.

3 (1) The nominated undertaker may, at any time within the permitted period,
further support or strengthen a building which has been supported or
20strengthened under paragraph 2 if—

(a) it is necessary or expedient, in consequence of or for the purposes of
or in connection with the construction of any of the works authorised
by this Act, for the building to be further supported or strengthened,
and

(b) 25the nominated undertaker gives at least 8 weeks’ notice to the
owners and occupiers of the building of its intention further to
support or strengthen it.

(2) In sub-paragraph (1), “the permitted period” is the period beginning with
the completion of the supporting or strengthening under paragraph 2 and
30ending 5 years after the date on which the work which necessitated the
supporting or strengthening was brought into general use.

(3) If, within 21 days of the giving of a notice under sub-paragraph (1)(b), the
person to whom the notice has been given gives to the nominated
undertaker notice disputing that the condition in sub-paragraph (1)(a) is
35met, the dispute must be referred to arbitration.

(4) If—

(a) under sub-paragraph (3), the arbitrator decides that the condition in
sub-paragraph (1)(a) is met, and

(b) one of the parties to the dispute so requires,

40the arbitrator must prescribe how the supporting or strengthening is to be
carried out.

(5) Where the supporting or strengthening of a building under this paragraph
cannot be carried out reasonably conveniently without entering land
adjacent to the building, the nominated undertaker may, on giving at least
4514 days’ notice to the owners and occupiers of the adjacent land, enter the
land (but not any building on it) and carry out the work.

(6) In case of emergency, the power under sub-paragraph (1) or (5) is exercisable
without notice.

(7) For the purpose of deciding whether or how to exercise its powers under this
paragraph, the nominated undertaker may enter and survey—

(a) any building which has been supported or strengthened under
paragraph 2, or

(b) 5any land adjacent to such a building (but not any building on any
such land).

(8) Paragraph 2(7) (power to place and leave equipment or material) applies for
the purposes of this paragraph.

4 (1) The nominated undertaker may, for a purpose mentioned in sub-paragraph
10(2), affix movement-measuring apparatus to a building within the relevant
distance of any of the works authorised by this Act on giving at least 8
weeks’ notice to the owners and occupiers of the building of its intention to
do so.

(2) The purposes referred to in sub-paragraph (1) are—

(a) 15determining the extent of any movement in the building;

(b) determining the effectiveness of support or strengthening work in
respect of the building under paragraph 2 or 3.

(3) In a case where movement-measuring apparatus is to be affixed inside a
building, the notice under sub-paragraph (1) must state that fact.

(4) 20If, within 21 days of the giving of the notice under sub-paragraph (1), the
person to whom the notice has been given gives to the nominated
undertaker notice objecting to the affixing of movement-measuring
apparatus (generally or in relation to how or where it is affixed), the question
must be referred to arbitration.

(5) 25Where, under sub-paragraph (4), the arbitrator decides that movement-
measuring apparatus may be affixed to the building, the arbitrator must, if
the nominated undertaker or the person who made the objection so requires,
prescribe how or where the affixing of the apparatus is to be carried out.

(6) Where the affixing of movement-measuring apparatus under this paragraph
30cannot be carried out reasonably conveniently without entering land
adjacent to the building, the nominated undertaker may, on giving at least
14 days’ notice to the owners and occupiers of the adjacent land, enter the
land (but not any building on it) and carry out the affixing.

(7) The nominated undertaker may—

(a) 35maintain, repair or alter the position of movement-measuring
apparatus affixed under sub-paragraph (1);

(b) take readings or data from any such apparatus.

(8) In case of emergency, the power under sub-paragraph (1) or (6) is exercisable
without notice.

(9) 40For the purpose of deciding whether or how to exercise its powers under this
paragraph, the nominated undertaker may enter and survey—

(a) any building within the relevant distance of any of the works
authorised by this Act, or

(b) any land adjacent to such a building (but not any building on any
45such land).

(10) In this paragraph, “movement-measuring apparatus” means apparatus for
use in measuring any movement in a building or the ground on which a
building is erected.

5 (1) Paragraphs 2 to 4 apply in relation to—

(a) 5any apparatus belonging to a utility undertaker, and

(b) a relevant pipe-line belonging to a person other than a utility
undertaker,

as they apply in relation to a building, subject to the modifications specified
in sub-paragraph (2).

(2) 10Those modifications are that—

(a) references to the owners and occupiers of a building are to be read as
references to the owner of the apparatus or pipe-line;

(b) references to land adjacent to a building are to be read, in the case of
apparatus or a pipe-line situated below the surface of the ground, as
15including land above the site of the apparatus or pipe-line;

(c) paragraph 2(7) applies as if the reference to placing or leaving
equipment or material in, next to or under the building or on or
under land in the vicinity of the building were to placing and leaving
equipment or material on any land above, next to or below the site of
20the apparatus or pipe-line, or on or under land in the vicinity of that
site.

(3) In this paragraph, “relevant pipe-line” means—

(a) a cross-country pipe-line (within the meaning of the Pipe-lines Act
1962), and

(b) 25a local pipe-line (within the meaning of that Act) in relation to the
construction of which a direction under section 6 of that Act has or
had effect.

6 (1) This paragraph has effect for the purposes of paragraphs 2 to 5.

(2) “Building” includes any structure.

(3) 30“Relevant distance”, in relation to any work, means—

(a) 100 metres in any of the following cases—

(i) where the work is comprised in so much of Works Nos. 1/1
or 1/15 as lies between their commencement and the point
where they pass beneath Parkway in the London Borough of
35Camden;

(ii) where the work is comprised in so much of Works Nos. 1/1
or 1/15 as lies between the points where they pass beneath
Victoria Road and Chase Road in the London Borough of
Camden;

(iii) 40where the work is comprised in Work No. 1/16;

(iv) where the work relates to the making of a shaft;

(b) 50 metres in any other case.

(4) A building (or, in the case of paragraph 5, apparatus or pipe-line) is within
the “relevant distance” of a work if all or part of it is within that distance.

(5) 45In the case of a work under the surface of the ground, a reference to a
building (or, in the case of paragraph 5, apparatus or pipe-line) within the
relevant distance of that work includes a reference to a building (or

apparatus or pipe-line) all or part of which is within the relevant distance of
any point on the surface below which the work is situated.

Trees on neighbouring land

7 (1) This paragraph applies where—

(a) 5a tree overhangs land used for Phase One purposes, or

(b) the roots of a tree encroach on such land.

(2) The nominated undertaker may by notice to the occupier of the land on
which the tree is growing (a “tree works notice”) require the tree to be
removed, topped or lopped, or its roots to be cut back, if it is necessary for
10that to be done—

(a) to enable works authorised by this Act to be constructed or
maintained, or

(b) for reasons of safety in connection with such works or the operation
of Phase One of High Speed 2.

(3) 15The person to whom a tree works notice is given may object to the notice by
giving the nominated undertaker a counter-notice to that effect before the
end of 28 days beginning with the day on which the tree works notice is
given.

(4) If a counter-notice is given, the tree works notice has no effect unless
20confirmed by an order of the county court.

(5) The nominated undertaker may carry out the works required by a tree
works notice if the notice has been in effect for a continuous period of at least
28 days and has not been complied with.

(6) Where the power under sub-paragraph (5) is exercisable, the nominated
25undertaker may, after giving 7 days’ notice to the occupier of the land on
which the tree concerned is growing, enter the land for the purpose of
exercising the power in relation to it.

(7) If the nominated undertaker tops or lops a tree, or cuts back the roots of a
tree, in exercise of the power under sub-paragraph (5), it must do so—

(a) 30in accordance with good arboricultural practice, and

(b) in such a way as to cause the minimum of damage to the tree.

(8) The following do not apply to works required by a tree works notice—

(a) an order under section 198(1) or 202(1) of the Town and Country
Planning Act 1990 and regulations under section 202A(1) of that Act
35(tree preservation orders);

(b) section 211(1) and (5) of that Act (preservation of trees in
conservation areas).

Discharge of water

8 (1) The nominated undertaker may use any watercourse or any public sewer or
40drain for the drainage of water for the purposes of or in connection with the
construction or maintenance of the works authorised by this Act and for that
purpose—

(a) may lay down, take up and alter pipes, and

(b) on any land within the Act limits, may make connections with the
45watercourse, sewer or drain.

(2) The nominated undertaker must not discharge any water into any public
sewer or drain except with the consent of the person to whom it belongs; and
such consent may be given subject to such terms and conditions as that
person may reasonably impose, but must not be unreasonably withheld.

(3) 5The nominated undertaker must not make any opening into any public
sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer
or drain belongs, such approval not to be unreasonably withheld;
and

(b) 10where that person has been given the opportunity to supervise the
making of the opening.

(4) The nominated undertaker must not, in the exercise of the powers under this
paragraph, damage or interfere with the beds or banks of any watercourse
forming part of a main river.

(5) 15The nominated undertaker must take such steps as are reasonably
practicable to secure that any water discharged into a watercourse or public
sewer or drain under the powers under this paragraph is as free as may be
practicable from gravel, soil or other solid substance or oil or matter in
suspension.

(6) 20Nothing in this paragraph overrides the requirement for an environmental
permit under regulation 12(1)(b) of the Environmental Permitting (England
and Wales) Regulations 2010 (S.I. 2010/675S.I. 2010/675).

(7) Any dispute as to the giving of consent under this paragraph must be
referred to arbitration if the parties so agree, but must otherwise be
25determined by the Secretary of State.

(8) In this paragraph—

(a) “public sewer or drain” means a sewer or drain which belongs to a
sewerage undertaker, the Environment Agency, the Homes and
Communities Agency, an internal drainage board, a local authority,
30a joint planning board, an urban development corporation or a
harbour authority within the meaning of the Harbours Act 1964;

(b) “watercourse” includes rivers, streams, ditches, drains, cuts,
culverts, dykes, sluices, sewers and passages through which water
flows, except a public sewer or drain;

(c) 35other expressions used both in this paragraph and in the Water
Resources Act 1991 have the same meanings as in that Act.

Temporary interference with waterways

9 (1) The powers under this paragraph are exercisable in relation to the following
waterways for the purposes of or in connection with the works authorised
40by this Act—

• Grand Union Canal (Regents Canal),

• Grand Union Canal (Paddington Branch),

• River Brent,

• Grand Union Canal,

• 45River Colne,

• River Misbourne,

• River Thame,

High Speed Rail (London - West Midlands) BillPage 100

• Padbury Brook,

• River Great Ouse,

• River Cherwell,

• Oxford Canal,

• 5River Itchen,

• River Leam,

• River Avon,

• River Cole,

• River Tame,

• 10Trent and Mersey Canal,

• Wyrley and Essington Canal,

• Coventry Canal,

• River Blythe,

• Plants Brook,

• 15Dunlop Channel,

• River Rea, and

• Digbeth Branch Canal.

(2) The nominated undertaker may—

(a) temporarily interfere with a waterway mentioned in sub-paragraph
20(1) at any point within the Act limits, by constructing or maintaining
such temporary works, or by carrying out such dredging works, as it
considers necessary or expedient;

(b) temporarily moor or anchor barges or other vessels or craft in a
waterway mentioned in sub-paragraph (1);

(c) 25temporarily close a waterway mentioned in sub-paragraph (1), or a
part of such a waterway, to navigation.

(3) The power under sub-paragraph (2)(c) must be exercised in a way which
secures—

(a) that no more of the waterway is closed to navigation at any time than
30is necessary in the circumstances, and

(b) that, if complete closure of the waterway to navigation becomes
necessary, all reasonable steps are taken to secure that the minimum
obstruction, delay or interference is caused to vessels or craft which
may be using or intending to use it.

(4) 35The nominated undertaker is not liable for any loss suffered, or costs or
expenses incurred, by any person as a direct or indirect result of any
interference in accordance with this paragraph with a public right of
navigation.

(5) The nominated undertaker must compensate any person who suffers loss as
40a result of any interference in accordance with this paragraph with a private
right of navigation.

(6) Any dispute as to a person’s entitlement to compensation under sub-
paragraph (5), or as to the amount of compensation, must be determined
under and in accordance with Part 1 of the Land Compensation Act 1961.

Electronic communications apparatus

10 (1) The nominated undertaker may, in installing any electronic
communications apparatus in exercise of the powers conferred by this Act—

(a) provide additional capacity for electronic communications
5apparatus belonging to any other person;

(b) construct any extension or other alteration of electronic
communications apparatus in connection with providing such
additional capacity.

(2) In sub-paragraph (1), “electronic communications apparatus”—

(a) 10has the meaning given by paragraph 1(1) of Schedule 2 to the
Telecommunications Act 1984, but

(b) excludes any radio mast.

Level crossings

11 (1) The nominated undertaker may construct Work No 2/39 so as to carry the
15railway comprised in that work on the level across the following footpaths—

(2) In exercising the power under sub-paragraph (1), the nominated undertaker
may alter the level of the footpaths specified in that sub-paragraph.

(3) The nominated undertaker and the highway authority may enter into
25agreements concerning the construction and maintenance of any new level
crossing (and such agreements may include provision about contributions
towards the expenses of construction or maintenance).

(4) In this paragraph, “new level crossing” means the place at which the railway
mentioned in sub-paragraph (1) crosses a footpath specified in that sub-
30paragraph.

Part 2 Exercise of powers of entry etc

12 (1) This paragraph applies where the nominated undertaker has a power to
enter land under paragraph 1, 2(1), (4) or (6), 3(1), (5) or (7), 4(1), (6), (7) or
35(9) or 7(6).

(2) The power is exercisable at any reasonable time.

(3) Before entering the land, the nominated undertaker or any authorised
person must, if so required—

(a) produce evidence of authority to enter the land, and

(b) 40state the purpose of entry.

(4) For the purposes of exercising the power, the nominated undertaker or any
authorised person may (subject to paragraph 13)—

(a) take vehicles and equipment on to the land, and

(b) take on to the land such other persons as may be necessary.

(5) 5In this paragraph—

• “authorised person” means a person exercising the relevant power of
  entry on the nominated undertaker’s behalf;

• “equipment” includes plant and machinery.

13 (1) This paragraph applies where the nominated undertaker proposes to
10exercise a power of entry under paragraph 1, 2(1), (4) or (6), 3(1), (5) or (7) or
4(1), (6), (7) or (9) in relation to—

(a) residential land, or

(b) a building not on residential land.

(2) If it appears to a justice of the peace—

(a) 15that the nominated undertaker is entitled to exercise the relevant
power of entry in relation to the residential land or the building, and

(b) that admission to the land or building has been refused or a refusal
is reasonably apprehended,

the justice must issue a warrant authorising the nominated undertaker to
20exercise the power of entry in relation to the land or building.

(3) For the purposes of sub-paragraph (2)(b), admission is refused if a request
for admission is not granted within a reasonable period after being made.

(4) Where a warrant has been issued in relation to land or a building under sub-
paragraph (2), the nominated undertaker may not demand admission as of
25right to the land or building unless—

(a) in a case where a period of notice otherwise applies in relation to the
exercise of the power in question, the required notice has been given
(whether before or after the issue of the warrant) to the owners and
occupiers of the land or building, and

(b) 30in a case where no period of notice otherwise applies in relation to
the exercise of the power in question, at least 24 hours’ notice has
been given (whether before or after the issue of the warrant) to the
owners and occupiers of the land or building.

(5) Paragraph 12(4) (power to take vehicles, equipment and other persons on to
35land) applies to the exercise of a power of entry in reliance on a warrant
issued under sub-paragraph (2).

(6) In this paragraph, “residential land” means so much of any land as consists
of—

(a) a dwelling or part of a dwelling,

(b) 40a garden, yard, private garage or outbuilding which is used and
enjoyed wholly or mainly with a dwelling, or

(c) in the case of a building which includes one or more dwellings, any
part of the building which is used and enjoyed wholly or mainly
with those dwellings or any of them.

14 (1) 45Where the nominated undertaker exercises any power under paragraphs 1
to 4, it must compensate the owners and occupiers of the building or land in

relation to which the power is exercised for any loss which they may suffer
by reason of the exercise of the power.

(2) Any dispute as to a person’s entitlement to compensation under sub-
paragraph (1), or as to the amount of compensation, must be determined
5under and in accordance with Part 1 of the Land Compensation Act 1961.

(3) Nothing in sub-paragraphs (1) and (2) affects liability to pay compensation
under—

(a) section 6 of the Railways Clauses Consolidation Act 1845, as
incorporated into this Act,

(b) 10section 10(2) of the Compulsory Purchase Act 1965, as applied to the
acquisition of land under section 4(1), or

(c) any other enactment,

otherwise than for loss for which compensation is payable under sub-
paragraph (1).

(4) 15On application by a person who—

(a) has incurred expenses in complying with a tree works notice under
paragraph 7(2), or

(b) has suffered any loss or damage in consequence of the carrying out
of works required by such a notice,

20the county court must order the nominated undertaker to pay the person
such compensation in respect of the loss, damage or expenses as the court
thinks fit.

Section 2(5)

SCHEDULE 3 Overhead line diversions

Section 3

SCHEDULE 4 Highways

Part 1 Highway access

1 (1) 5The nominated undertaker may, for Phase One purposes—

(a) form and lay out means of access, and

(b) improve existing means of access,

at any place within the Act limits.

(2) In the case of works at a place shown on the deposited plans which require
10the opening of an access on to, or the alteration of, a highway used by
vehicular traffic, the power under sub-paragraph (1) is exercisable on giving
at least 28 days’ notice to the highway authority.

(3) Works which are the subject of a notice under sub-paragraph (2) may not be
carried out at the place shown on the deposited plans if, within 28 days of
15the giving of the notice, the highway authority objects to the works being
carried out there by giving the nominated undertaker notice to that effect.

(4) The only ground on which the highway authority may object under sub-
paragraph (3) is that works under sub-paragraph (1) should be carried out
instead at another place within the Act limits to prevent or reduce—

(a) 20injury to local amenity, or

(b) prejudicial effects on road safety or on the free flow of traffic in the
local area,

and are reasonably capable of being carried out there.

(5) If, in the case of works under sub-paragraph (1) at a place shown on the
25deposited plans, the works require the opening of an access on to, or the
alteration of, a highway used by vehicular traffic, they must be carried out
in accordance with plans and specifications approved by the highway
authority at the request of the nominated undertaker.

(6) The only ground on which the highway authority may refuse to approve
30plans or specifications for the purposes of sub-paragraph (5) is that they
ought to be modified to prevent or reduce—

(a) injury to local amenity, or

(b) prejudicial effects on road safety or on the free flow of traffic in the
local area,

35and are reasonably capable of being so modified.

(7) Works under sub-paragraph (1) may only be carried out at a place not
shown on the deposited plans if the highway authority consents to the siting
of the works; and such consent is not to be unreasonably withheld.

(8) Works under sub-paragraph (1) at a place not shown on the deposited plans
40must be carried out in accordance with plans and specifications approved by
the highway authority at the request of the nominated undertaker; and such
approval is not to be unreasonably withheld.

(9) In considering whether to give consent for the purposes of sub-paragraph
(7), or approval for the purposes of sub-paragraph (8), in a case where the

works require the opening of an access on to, or the alteration of, a highway
used by vehicular traffic, the highway authority must have regard in
particular to effects on road safety and on the free flow of traffic in the local
area.

(10) 5If, on application by the nominated undertaker for the approval of plans or
specifications under sub-paragraph (5) or (8), the highway authority fails to
notify the nominated undertaker of its decision on the application before the
end of 28 days beginning with the date on which the application was made,
it is to be treated as having approved the plans or specifications as
10submitted.

(11) If a highway authority which receives an application for consent under sub-
paragraph (7) fails to notify the applicant of its decision on the application
before the end of 28 days beginning with the date on which the application
was made, it is to be treated as having granted it.

(12) 15Where an objection under sub-paragraph (3) leads to the carrying out of
works under sub-paragraph (1) at a place not shown on the deposited plans,
sub-paragraphs (5), (7) and (8) have effect in relation to the works as if the
place were shown on the deposited plans.

(13) Any dispute with a highway authority under this paragraph must be
20referred to arbitration if the parties so agree, but must otherwise be
determined by the Secretary of State.

Part 2 Interference with highways

Stopping-up

2 (1) 25The nominated undertaker may, for the purposes of or in connection with
the construction of the works authorised by this Act, stop up each highway
or part of highway specified in table 1 or 2 in Part 4 of this Schedule.

(2) No highway or part of a highway specified in columns (1) and (2) of table 1
may be stopped up under this paragraph unless all of the land which abuts
30on it falls within one or more of the following categories, namely—

(a) land to which there is no right of access directly from the highway or
part to be stopped up,

(b) land to which there is reasonably convenient access otherwise than
directly from the highway or part to be stopped up,

(c) 35land the owners and occupiers of which have agreed to the stopping
up of the highway or part, and

(d) land which is in the possession of the Secretary of State.

(3) No highway or part of a highway specified in columns (1) and (2) of table 2
may be stopped up under this paragraph if a new highway is specified in
40relation to it in column (3) of that table, by reference to the letters and
numbers shown on the deposited plans or by reference to the scheduled
works, until—

(a) where the new highway is provided in exercise of the powers
conferred by this Act—

(i) 45the date of practical completion, or

(ii) if later, the date on which it is first open for public use, and

(b) where it is not, the date on which it is first open for public use.

(4) Where a new highway specified in column (3) of table 2 is provided in
exercise of the powers conferred by this Act, the date of practical completion
of the highway, or the date on which it is first open for public use, is to be
5taken for the purposes of sub-paragraph (3) to be what it is taken to be for
the purposes of paragraph 14(2).

3 (1) The nominated undertaker may, for the purposes of or in connection with
the construction of the works authorised by this Act, stop up any bridleway
or footpath, or part of a bridleway or footpath, which is—

(a) 10within the Act limits, and

(b) not specified in columns (1) and (2) of either table 1 or 2.

(2) The power under sub-paragraph (1) may not be exercised unless the
proposed stopping up has been confirmed by the appropriate Ministers on
application by the nominated undertaker.

(3) 15The appropriate Ministers must grant an application under sub-paragraph
(2) if, but only if, they are satisfied—

(a) that an alternative bridleway or footpath has been provided,

(b) that an alternative bridleway or footpath will be provided before the
proposed stopping up takes place, or

(c) 20that the provision of an alternative bridleway or footpath is not
required.

(4) Where the appropriate Ministers grant an application under sub-paragraph
(2), they must notify the nominated undertaker of the basis on which the
application is granted.

(5) 25Where an application under sub-paragraph (2) is granted on the basis that
an alternative bridleway or footpath will be provided, the proposed
stopping up may not take place until the alternative has been provided.

(6) Before making an application under sub-paragraph (2), the nominated
undertaker must publish in at least one local newspaper circulating in the
30relevant area a notice—

(a) specifying—

(i) the bridleway or footpath, or part, proposed to be stopped
up,

(ii) what, if any, alternative bridleway or footpath is proposed,
35and

(iii) if no alternative is proposed, the reasons why,

(b) specifying a place in the relevant area where a map or plan
illustrating the proposals may be inspected by any person free of
charge at all reasonable hours during a period of 28 days from the
40date of the publication of the notice (“the publication date”),

(c) stating that any person may within that period make representations
about confirmation under sub-paragraph (2) of the proposed
stopping up, and

(d) specifying the manner in which such representations may be made.

(7) 45Not later than the publication date, the nominated undertaker must—

(a) give a copy of the notice, together with any map or plan to which it
refers, to every local authority whose area includes any of the land

on which the bridleway or footpath, or part, proposed to be stopped
up is situated, and

(b) cause a copy of the notice to be displayed in a prominent position at
the ends of the bridleway or footpath, or part, proposed to be
5stopped up.

(8) Before granting an application under sub-paragraph (2), the appropriate
Ministers must consider any representations made to them in accordance
with the nominated undertaker’s notice which have not been withdrawn.

(9) Unless they direct otherwise, the appropriate Ministers’ functions in relation
10to an application under sub-paragraph (2) must, instead of being carried out
by them, be carried out by a person appointed by them for the purpose.

(10) In sub-paragraph (6), references to the relevant area are to the area in which
the bridleway or footpath, or part, proposed to be stopped up is situated.

(11) In sub-paragraph (7)(a), “local authority” means—

(a) 15the council of a county, district, parish or London borough,

(b) the London Fire and Emergency Planning Authority,

(c) a joint authority established by Part 4 of the Local Government Act
1985,

(d) a housing action trust established under Part 3 of the Housing Act
201988, and

(e) the parish meeting of a rural parish not having a separate parish
council.

(12) In this paragraph, references to the appropriate Ministers are to the
Secretary of State for Transport and the Secretary of State for Environment,
25Food and Rural Affairs and, in relation to the carrying out of any functions,
are to those Ministers acting jointly.

4 (1) On a highway or part of a highway being stopped up under paragraph 2 or
3—

(a) all rights of way over or along it are extinguished, and

(b) 30the Secretary of State may appropriate and use, without making any
payment, so much of the site of it as is bounded on both sides by land
owned by the Secretary of State.

(2) The nominated undertaker must compensate any person who suffers loss by
the extinction under this paragraph of a private right of way.

(3) 35Any dispute as to a person’s entitlement to compensation under sub-
paragraph (2), or as to the amount of compensation, must be determined
under and in accordance with Part 1 of the Land Compensation Act 1961.

(4) The Secretary of State is not entitled to any mines or minerals under land
which the Secretary of State is entitled to appropriate and use under sub-
40paragraph (1)(b), with the exception of minerals necessarily extracted or
used in the construction of the undertaking which the nominated
undertaker is authorised to carry on by this Act.

(5) Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (regulation of the
working of mines or minerals underlying an authorised undertaking) has
45effect in relation to the working of any mines or minerals underlying land
which the Secretary of State is entitled to appropriate and use under sub-
paragraph (1)(b) as if—

(a) references to the undertaking were to the undertaking which the
nominated undertaker is authorised to carry on by this Act,

(b) in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority
were to the nominated undertaker, and

(c) 5in paragraph 6, the first reference to the acquiring authority were to
the nominated undertaker.

Permanent obstruction

5 (1) The powers under section 2(1), (3) and (5) may be exercised in such a way as
to obstruct the highway, but only with the consent of the highway authority,
10such consent not to be unreasonably withheld.

(2) Any dispute with a highway authority under sub-paragraph (1) must be
referred to arbitration if the parties so agree, but must otherwise be
determined by the Secretary of State.

(3) If a highway authority which receives an application for consent under sub-
15paragraph (1) fails to notify the applicant of its decision on the application
before the end of 28 days beginning with the date on which the application
was made, it is to be treated as having granted it.

Temporary interference

6 (1) For the purposes of the works authorised by this Act, the nominated
20undertaker may—

(a) temporarily stop up or alter or divert any highway or part of a
highway;

(b) for any reasonable time divert traffic from, and prevent persons
passing along, any highway or part of a highway;

(c) 25break up or interfere with any highway or part of a highway
(including any sewer, drain or tunnel in it);

(d) temporarily remove any street furniture in or beside a highway.

(2) The nominated undertaker must provide reasonable access for pedestrians
going to or from premises abutting on a highway affected by the exercise of
30the powers under sub-paragraph (1)(a) to (c) if there would otherwise be no
such access.

(3) Before exercising the powers under sub-paragraph (1) in relation to a
highway, and to an extent, specified in table 3 in Part 4 of this Schedule, the
nominated undertaker must consult the relevant authority.

(4) 35The purpose of consultation under sub-paragraph (3) is to ensure public
safety and, so far as reasonably practicable, to reduce public inconvenience.

(5) Before exercising the powers under sub-paragraph (1) in relation to a
highway, or to an extent, not specified in table 3, the nominated undertaker
must obtain the consent in writing of the relevant authority.

(6) 40Consent under sub-paragraph (5) must not be unreasonably withheld, but
may be given subject to such conditions as the relevant authority may
reasonably require in the interest of public safety or convenience.

(7) If a relevant authority which receives an application for consent under sub-
paragraph (5) fails to notify the applicant of its decision on the application

before the end of 28 days beginning with the date on which the application
was made, it is to be treated as having granted the application.

(8) In the case of the powers in sub-paragraph (1)(a) to (c), sub-paragraph (7)
has effect in relation to an application for consent which relates to—

(a) 5a GLA side road (within the meaning of the Road Traffic Regulation
Act 1984), or

(b) a road which is designated under section 60(1) or 61(1) of the Traffic
Management Act 2004 (roads in Greater London which are strategic
roads),

10as if for “28” there were substituted “42”.

(9) Any dispute with a relevant authority about consent under sub-paragraph
(5) must be referred to arbitration if the parties so agree, but must otherwise
be determined by the Secretary of State.

(10) There is no need to reinstate a highway or part of a highway in relation to
15which any of the powers under sub-paragraph (1)(a) to (c) has been
exercised where the exercise of the power comes to an end on the exercise,
in relation to the highway or part, of the power under paragraph 2(1) or 3(1).

(11) In this paragraph—

• “relevant authority” means—

  (a)

  20the highway authority, in the case of the powers in sub-
  paragraph (1)(a) to (c);

  (b)

  the owner of the street furniture, in the case of the power in
  sub-paragraph (1)(d);

• “street furniture” includes traffic signs, street lighting and bus shelters.

25Street works

7 (1) The nominated undertaker may, for the purposes of the works authorised by
this Act, enter upon any highway within the Act limits and—

(a) place, maintain or alter, or change the position of, apparatus in it,

(b) remove apparatus from it, and

(c) 30execute any works required for, or incidental to, any works
authorised by paragraph (a) or (b).

(2) In this paragraph, “apparatus” has the same meaning as in Part 3 of the New
Roads and Street Works Act 1991.

8 (1) Works executed under this Act in relation to a highway which consists of or
35includes a carriageway are to be treated for the purposes of Part 3 of the New
Roads and Street Works Act 1991 (street works) as major transport works
if—

(a) they are of a description mentioned in section 86(3)(a), (c) to (e), (g)
or (h) of that Act (which defines what highway authority works are
40major highway works), or

(b) they are works which, had they been executed under the powers of
the highway authority, might have been carried out in exercise of the
powers under section 64 (dual carriageways and roundabouts) or
184 (vehicle crossings over footways and verges) of the Highways
45Act 1980.

(2) Sub-paragraph (1) does not apply to works executed under powers
delegated to a highway authority by an agreement under paragraph 12(2) of
this Schedule (construction delegation agreements).

Working sites in highways

9 5Any highway or part of a highway which is stopped up under paragraph
6(1)(a) may be used as a working site if it is within the Act limits.

Part 3 Construction and maintenance of highways

Construction and alteration

10 (1) 10Where under this Act the nominated undertaker—

(a) constructs a new highway, or

(b) alters a highway, otherwise than by carrying out street works within
the meaning of Part 3 of the New Roads and Street Works Act 1991,

the construction or alteration must be completed to the reasonable
15satisfaction of the highway authority.

(2) Where work mentioned in sub-paragraph (1) has been completed to the
reasonable satisfaction of a highway authority, it must certify that fact in
writing to the nominated undertaker.

(3) If the nominated undertaker requests a highway authority to issue a
20certificate under sub-paragraph (2) and the highway authority does not
before the end of the period of 28 days beginning with the date on which the
request was made—

(a) issue a certificate under that sub-paragraph, or

(b) notify the nominated undertaker of its decision to refuse to issue
25such a certificate,

it is to be treated as having issued such a certificate at the end of that period.

(4) Any dispute with a highway authority under this paragraph must be
referred to arbitration if the parties so agree, but must otherwise be
determined by the Secretary of State.

11 (1) 30Sub-paragraph (2) applies where under this Act the nominated
undertaker—

(a) constructs a new highway which is constituted by or comprises a
carriageway, or

(b) realigns a highway which is constituted by or comprises a
35carriageway.

(2) The construction or realignment must be carried out in accordance with
plans, sections and specifications approved by the highway authority at the
request of the nominated undertaker; and such approval is not to be
unreasonably withheld.

(3) 40Any dispute with a highway authority under sub-paragraph (2) must be
referred to arbitration if the parties so agree, but must otherwise be
determined by the Secretary of State.

(4) If, on application by the nominated undertaker for the approval of plans,
sections or specifications under sub-paragraph (2), the highway authority
fails to notify the nominated undertaker of its decision on the application
before the end of 28 days beginning with the date on which the application
5was made, it is to be treated as having approved the plans, sections or
specifications as submitted.

12 (1) Where under this Act the nominated undertaker is authorised to stop up or
interfere with an existing highway or part of an existing highway, it may
enter into an agreement with the controllers of the highway concerning the
10construction (or contribution towards the expenses of construction) of—

(a) any new highway to be provided in substitution,

(b) any alteration of the existing highway, and

(c) any related matters.

(2) Where the nominated undertaker has entered into an agreement under sub-
15paragraph (1) with the controllers of an existing highway, the nominated
undertaker may, by agreement with them, delegate to them the power of
constructing—

(a) any new highway to be provided in substitution, or

(b) any alteration of the existing highway,

20including any bridge over any railway.

(3) Works executed by the controllers of an existing highway under a delegation
agreement under sub-paragraph (2) which could have been carried out by
them under section 64 or 184 of the Highways Act 1980 are to be treated for
the purposes of section 86(3) of the New Roads and Street Works Act 1991 as
25having been so carried out by them.

(4) References in this paragraph to the controllers of a highway are to the
persons having the charge, management or control of it.

13 (1) This paragraph applies in relation to a work authorised by this Act which
appears to the Secretary of State to constitute—

(a) 30the construction of an extension to a trunk road or special road, or

(b) the realignment of a trunk road or special road.

(2) The Secretary of State may by order made by statutory instrument provide
that the highway comprising the extension or realignment is to become a
trunk road or special road (or both) as from a date—

(a) 35specified in the order, or

(b) if the order so provides, specified in an instrument in writing after
the making of the order.

(3) Where, under an order under this paragraph, a highway becomes a special
road—

(a) 40the Secretary of State is the special road authority for the highway,

(b) the highway is to be regarded as provided by the Secretary of State
under a scheme under section 16 of the Highways Act 1980 made on
the day the order is made, and

(c) the highway is to be regarded as so provided for the use of traffic of
45such classes referred to in Schedule 4 to that Act as may be provided
for in the order (and the order may make different provision for
different parts of the highway).

(4) Provision under sub-paragraph (3)(c) may be expressed by reference to
classes of traffic which are at any time authorised under a scheme under
section 16 of the Highways Act 1980 in relation to the road of which the
highway is a realignment or extension.

5Maintenance

14 (1) Sub-paragraph (2) applies where under this Act the nominated
undertaker—

(a) constructs a new highway, or

(b) alters a highway, otherwise than by carrying out street works within
10the meaning of Part 3 of the New Roads and Street Works Act 1991.