High Speed Rail (London - West Midlands) Bill (HC Bill 1)

relating to reserved matters without the restrictions imposed by section
29(2)(b) or (c) of, or Schedule 4 to, the Scotland Act 1998.

(5) In subsection (4), “reserved matters” means matters which are reserved matters
for the purposes of the Scotland Act 1998.

(6) 5In this Act, references to works authorised by this Act do not include works
authorised by an order under this section.

50 Power to apply Act to further high speed rail works

(1) A Transport and Works Act order which relates to a relevant Phase One matter
may apply any provision of this Act, with or without modification, to anything
10authorised by the order, so far as relating to that matter.

(2) The following are “relevant Phase One matters”—

(a) a power exercisable or to be exercisable in connection with the works
authorised by this Act,

(b) an extension of Phase One of High Speed 2, and

(c) 15any other works carried out or to be carried out for Phase One
purposes.

(3) A Transport and Works Act order which relates to an extension or works
referred to in subsection (2)(b) and (c) may also provide for any provision of
this Act to have effect as if Phase One of High Speed 2 included the extension
20or works.

(4) Section 13(2) of the Transport and Works Act 1992 (power of Secretary of State
to refuse application on ground that objects of order sought could be achieved
by other means) does not apply where, for purposes relating to the diversion
of apparatus belonging to a utility undertaker, an application is made under
25section 6 of that Act for a Transport and Works Act order in relation to a
relevant Phase One matter.

(5) Subsection (1) does not confer power to apply any of the following—

• section 10(2) and Schedule 13 (extension of time-limit on compulsory
  acquisition);

• 30Schedules 17 and 18 (listed buildings and ancient monuments).

(6) In this section, “Transport and Works Act order” means an order under section
1 of the Transport and Works Act 1992.

51 Rights of entry for further high speed rail works

(1) An authorised person may, in connection with a Bill or proposed Bill to
35authorise works for a high speed railway line in Great Britain, enter any land
within 500 metres of the proposed route of the line for the purpose of—

(a) surveying the land, or

(b) facilitating compliance with EU environmental protection legislation.

(2) A person is authorised for the purposes of subsection (1)—

(a) 40in the case of residential land, if the person is authorised by a warrant
issued by a justice of the peace (for residential land in England and
Wales) or justice of the peace or sheriff (for residential land in Scotland);

(b) in the case of any other land, if the person is authorised in writing by
the Secretary of State.

(3) A person may only issue a warrant or give authorisation under subsection (2)
if it appears to the person that—

(a) entry to the land for the purpose proposed is genuinely needed for
purposes relating to the construction of the high speed railway line,
5and

(b) all reasonable attempts have been made to obtain consent to enter the
land.

(4) The reference in subsection (1) to a proposed Bill is to a Bill proposed in a
Command Paper which the Secretary of State has presented to Parliament at
10any time in the previous five years.

(5) A right to enter land under subsection (1) includes power—

(a) to take samples of anything in or on the land for the purpose for which
the right of entry is exercised,

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

(c) 15to take vehicles and equipment on to the land.

(6) A right to enter land under subsection (1)(a) also includes power—

(a) to search and bore for the purpose of ascertaining the nature of the
subsoil or the presence of minerals or other matter in it (subject to
section 52), and

(b) 20to place on, leave on and remove apparatus from the land.

(7) In this section—

• “EU environmental protection legislation” means any EU instrument
  relating to—

  (a)

  the conservation of habitats, flora and fauna, or

  (b)

  25the assessment of the effects of projects on the environment;

• “residential land” means so much of any land as consists of—

  (a)

  a dwelling or part of a dwelling,

  (b)

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

  (c)

  30in 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.

(8) The reference in subsection (1) to a high speed railway line in Great Britain
does not include one which starts, ends and remains in Scotland.

(9) 35For the purposes of subsection (1), distance is to be measured from the centre
line of the proposed route.

(10) The Secretary of State may by order—

(a) amend subsection (1) so as to substitute a different distance for the
distance specified in it;

(b) 40provide, in relation to any class of case, that subsection (1) is to have
effect as if a different distance were specified in it.

(11) An order under this section is to be made by statutory instrument; and a
statutory instrument containing such an order is subject to annulment in
pursuance of a resolution of either House of Parliament.

52 Exercise of rights of entry

(1) A warrant or other authorisation under section 51 is valid for a period of six
weeks beginning with the day on which it is issued or given.

(2) A right of entry under section 51(1) is exercisable at any reasonable time.

(3) 5A person authorised under section 51 to enter any land—

(a) must, if so required, produce evidence of the person’s warrant or other
authorisation, and state the purpose of entry, before entering,

(b) may not demand admission as of right to any land which is occupied
unless 14 days’ notice of the intended entry has been given to the
10occupier, and

(c) must comply with any other conditions subject to which the warrant or
other authorisation is given.

(4) A person who wilfully obstructs another in the exercise of the power under
section 51(1) commits an offence; and a person guilty of such an offence is liable
15on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Where any damage is caused to land or other property—

(a) in the exercise of a right of entry conferred by section 51(1), or

(b) in the carrying out of a survey for the purposes of which any such right
of entry has been conferred,

20compensation may be recovered by any person suffering the damage from the
person exercising the right of entry.

(6) Any dispute as to a person’s entitlement to compensation under subsection (5),
or as to the amount of compensation, must be determined—

(a) in England and Wales, under and in accordance with Part 1 of the Land
25Compensation Act 1961;

(b) in Scotland, by the Lands Tribunal for Scotland (and sections 9 and 11
of the Land Compensation (Scotland) Act 1963 apply).

(7) No person may carry out works referred to in section 51(6)(a) (searching and
boring) unless notice of the person’s intention to do so was included in the
30notice required by subsection (3)(b).

(8) The authority of the appropriate minister is required for the carrying out of
works referred to in section 51(6)(a) if—

(a) the land in question is held by statutory undertakers, and

(b) they object to the proposed works on the ground that carrying them out
35would be seriously detrimental to the carrying on of their undertaking.

(9) In this section—

• “appropriate minister” means—

  (a)

  in the case of land in Wales held by a water or sewerage
  undertaker, the Welsh Ministers,

  (b)

  40in the case of land in Scotland in respect of which any functions
  in relation to statutory undertakers have been transferred by or
  under the Scotland Act 1998 to the Scottish Ministers, the
  Scottish Ministers, and

  (c)

  in any other case, the Secretary of State;

• 45“statutory undertakers” means—

  High Speed Rail (London - West Midlands) BillPage 23

  (a)

  in England and Wales, persons who are, or who are deemed to
  be, statutory undertakers for the purposes of Part 11 of the
  Town and Country Planning Act 1990, and

  (b)

  in Scotland, persons who are, or who are deemed to be,
  5statutory undertakers for the purposes of Part 10 of the Town
  and Country Planning (Scotland) Act 1997.

The Crown

53 Application of powers to Crown land

(1) The powers conferred on the nominated undertaker under this Act may be
10exercised in relation to Crown land with the consent of the Crown authority.

(2) The power conferred under section 51 (rights of entry for further high speed
rail works) may be exercised in relation to Crown land with the consent of the
Crown authority.

(3) The Crown authority may give consent under this section—

(a) 15subject to conditions, and

(b) notwithstanding anything in any lease or other grant granted by or to
that authority.

(4) In this Act, “Crown land” means land in which there is—

(a) an interest belonging to a government department or held in trust for
20Her Majesty for the purposes of a government department,

(b) an interest belonging to an office-holder in the Scottish Administration
or held in trust for Her Majesty for the purposes of the Scottish
Administration by such an office-holder,

(c) an interest belonging to Her Majesty in right of the Crown, or

(d) 25an interest belonging to Her Majesty in right of the Duchy of Lancaster.

(5) In this Act, “Crown authority”, in relation to any Crown land, means—

(a) in a subsection (4)(a) case, the government department in question;

(b) in a subsection (4)(b) case, the Scottish Ministers;

(c) in a subsection (4)(c) case—

(i) 30if the land forms part of the Crown Estate, the Crown Estate
Commissioners, and

(ii) in any other case, the government department having
management of the land;

(d) in a subsection (4)(d) case, the Chancellor of the Duchy of Lancaster.

(6) 35If for the purposes of this section a question arises as to which authority is the
Crown authority for any land—

(a) the question is to be decided by the Treasury, and

(b) the Treasury’s decision is final.

(7) In subsection (4)(b) “office-holder in the Scottish Administration” has the
40meaning given by section 126(7) of the Scotland Act 1998.

54 Highways for which Secretary of State is highway authority

(1) The powers conferred on the nominated undertaker under this Act with
respect to works may be exercised in relation to a highway for which the

Secretary of State is the highway authority with the Secretary of State’s
consent.

(2) The Secretary of State may give consent subject to conditions.

55 Crown Estate

5Section 3(1) and (2) of the Crown Estate Act 1961 (limitations on Crown Estate
Commissioners’ powers of disposal in relation to land under their
management) do not apply in relation to land within the Act limits which
appears to the Crown Estate Commissioners to be required for Phase One
purposes.

56 10Royal parks

(1) The Secretary of State may grant a lease of royal park land within the Act limits
if it appears to the Secretary of State that the land is required for Phase One
purposes.

(2) A lease may be granted under subsection (1) for such period, for such
15consideration (if any) and otherwise on such terms as the Secretary of State
thinks fit.

(3) The Secretary of State may grant an easement or other right over royal park
land within the Act limits if it appears to the Secretary of State that the
easement or right is required for Phase One purposes.

(4) 20An easement or other right may be granted under subsection (3)—

(a) in fee simple or for such period as the Secretary of State thinks fit, and

(b) for such consideration (if any) and otherwise on such terms as the
Secretary of State thinks fit.

(5) In this section “royal park land” means land subject to management under
25section 22 of the Crown Lands Act 1851 (royal parks etc).

Deposited plans and sections

57 “Deposited plans” and “deposited sections”

(1) In this Act “deposited plans” and “deposited sections” mean, respectively, the
plans and sections deposited in November 2013 in connection with the High
30Speed Rail (London - West Midlands) Bill in the office of the Clerk of the
Parliaments and the Private Bill Office of the House of Commons.

(2) A copy of the deposited plans or deposited sections, or any extract from those
plans or sections, certified as such by the Secretary of State is admissible in any
proceedings as evidence of its contents.

58 35Correction of deposited plans

(1) If the deposited plans or the book of reference to those plans are inaccurate—

(a) in their description of any land, or

(b) in their statement or description of the ownership or occupation of any
land,

the Secretary of State, after giving not less than 10 days’ notice to the owners
and occupiers of the land in question, may apply to two justices having
jurisdiction in the place where the land is situated for the correction of the
plans or book of reference.

(2) 5If on such an application it appears to the justices that the misstatement or
wrong description arose from mistake or inadvertence, the justices—

(a) must certify accordingly, and

(b) must in their certificate state in what respect a matter is misstated or
wrongly described.

(3) 10A certificate under subsection (2) must be deposited in the office of the Clerk
of the Parliaments, and a copy of it must be deposited—

(a) in the Private Bill Office of the House of Commons, and

(b) with the proper officer of each local authority in whose area the land to
which the certificate relates is situated.

(4) 15Upon deposit of the certificate—

(a) the deposited plans or the book of reference are deemed to be corrected
according to the certificate, and

(b) it is lawful for the Secretary of State, in accordance with the certificate,
to proceed under this Act as if the deposited plans or book of reference
20had always been in the corrected form.

(5) A copy certificate deposited under subsection (3) must be kept with the
documents to which it relates.

(6) A justice of the peace may act under this section in relation to land which is
partly in one area and partly in another if the justice may act in respect of land
25in either area.

(7) In this section—

• “book of reference” means the book deposited in November 2013 in
  connection with the High Speed Rail (London - West Midlands) Bill in
  the office of the Clerk of the Parliaments and the Private Bill Office of
  30the House of Commons;

• “local authority” means a unitary authority or, in a non-unitary area, a
  county council.

Miscellaneous and general

59 Environmental Impact Assessment Regulations

(1) 35The Environmental Impact Assessment Regulations have effect as if the
definition of “EIA development” in regulation 2(1) included any development
not included in paragraph (a) or (b) of the definition where—

(a) the development consists of the construction of a building in place of a
building demolished, or substantially demolished, in exercise of the
40powers conferred by this Act,

(b) the development does not have deemed planning permission under
section 19(1),

(c) the development is not exempt development within the meaning of the
Environmental Impact Assessment Regulations, and

(d) the development would be likely to have significant effects on the
environment by virtue of factors such as its nature, size or location,

(2) The condition in subsection (1)(d) does not apply where the building referred
to in subsection (1)(a) is—

(a) 522 Melton Street (Grant Thornton House), or

(b) 40 Melton Street (One Euston Square),

in the London Borough of Camden.

(3) In regulation 8 of the Environmental Impact Assessment Regulations
(subsequent applications where environmental information previously
10provided), in paragraph (1)(b)(ii), after “Crossrail Act 2008” insert “or section
19(1) or 48(5)(a) of the High Speed Rail (London - West Midlands) Act 2015”.

60 Arbitration

(1) Where under this Act any difference is to be referred to arbitration, the
difference is to be referred to, and settled by, a single arbitrator to be agreed
15between the parties or, in default of agreement, to be appointed on the
application of either party, after notice to the other, by the President of the
Institution of Civil Engineers.

(2) Subsection (3) applies where—

(a) a party has under subsection (1) applied for the arbitrator to be
20appointed by the President of the Institution of Civil Engineers, and

(b) the President notifies either of the parties that he or she is not going to
appoint an arbitrator under subsection (1).

(3) In default of agreement between the parties as to who in the circumstances
should be the arbitrator, the arbitrator is to be appointed on the application of
25either party, after notice to the other, by the Office of Rail Regulation.

(4) The Office of Rail Regulation may under subsection (3) appoint a member or
employee of that Office as the arbitrator.

(5) The Secretary of State for Communities and Local Government and the
Secretary of State for Transport acting jointly may by rules make provision
30about procedure in relation to arbitration under this Act.

(6) Rules under subsection (5) must be made by statutory instrument; and a
statutory instrument containing such rules is subject to annulment in
pursuance of a resolution of either House of Parliament.

61 Notices and other documents

(1) 35A notice or other document required or authorised to be given to a person for
the purposes of this Act may be given by—

(a) transmitting the text of the notice or document to the person by agreed
electronic means (for example, by email to an agreed address),

(b) delivering it to the person or sending it by post to the person at the
40person’s last known address,

(c) if the person is a body corporate, delivering it to the secretary of the
body corporate or sending it by post to the secretary of the body
corporate at its registered or principal office within the United
Kingdom, or

(d) if the person is a partnership, delivering it to a partner of the
partnership or a person having control or management of the
partnership business, or sending it by post to such a partner or person
at the principal office of the partnership.

(2) 5For the purposes of subsection (1), any person to whom a notice or other
document is to be given may specify a different address within the United
Kingdom as the one to which the notice or document must be sent.

(3) Where a notice or document is given to a person in accordance with subsection
(1)(a) and, within 7 days of receiving it, the person requests a copy of the notice
10or document in printed form, the sender must provide such a copy as soon as
reasonably practicable.

(4) Subsection (1)(a) does not apply to the giving of a notice under section 52(3)(b).

(5) Subsection (6) applies where—

(a) a document is required or authorised to be given to a person for the
15purposes of this Act as the owner of an interest in, or occupier of, any
land, and

(b) the person’s name or address cannot be ascertained after reasonable
enquiry.

(6) The document may be given to the person by addressing it to the person by
20name or by the description of “owner” or “occupier” (as the case may be) of the
land and—

(a) leaving it with a person who is, or appears to be, resident or employed
on the land, or

(b) leaving it conspicuously affixed to some building or object on or near
25the land.

(7) Any notice given for the purposes of this Act must be in writing.

(8) In this section—

• “secretary”, in relation to a local authority within the meaning of the Local
  Government Act 1972, means the proper officer within the meaning of
  30that Act;

• references to giving a document include similar expressions (such as
  serving).

Interpretation

62 “Phase One purposes”

35References in this Act to anything being done or required for “Phase One
purposes” are to the thing being done or required—

(a) for the purposes of or in connection with the works authorised by this
Act,

(b) for the purposes of or in connection with trains all or part of whose
40journey is on Phase One of High Speed 2, or

(c) otherwise for the purposes of or in connection with Phase One of High
Speed 2 or any high speed railway transport system of which Phase
One of High Speed 2 forms or is to form part.

63 Interpretation

(1) In this Act—

• “Act limits” is to be construed in accordance with subsection (2) of this
  section;

• 5“allotment” means any allotment set out as a fuel allotment, or a field
  garden allotment, under an Inclosure Act;

• “bridleway”, “carriageway”, “footpath” and “footway” have the same
  meanings as in the Highways Act 1980;

• “burial ground” means—

  (a)

  10a churchyard, cemetery or other ground, whether consecrated
  or not, which has at any time been set apart for the purposes of
  burial, or

  (b)

  any other place of burial;

• “common” includes any land subject to be enclosed under the Inclosure
  15Acts 1845 to 1882;

• “covered by an environmental assessment in connection with the High
  Speed Rail (London - West Midlands) Bill” is to be construed in
  accordance with subsection (4) of this section;

• “Crown authority” has the meaning given by section 53(5);

• 20“Crown land” has the meaning given by section 53(4);

• “deposited plans” and “deposited sections” have the meanings given by
  section 57;

• “deposited statement” means a statement deposited in connection with
  the High Speed Rail (London - West Midlands) Bill in the Private Bill
  25Office of the House of Commons in November 2013 in pursuance of
  Standing Order 27A of the Standing Orders of the House of Commons
  relating to private business (environmental assessment);

• “development” has the same meaning as in the Town and Country
  Planning Act 1990;

• 30“enactment” means either of the following (or a provision of either of the
  following)—

  (a)

  an Act (including a local or private Act), or

  (b)

  any subordinate legislation, within the meaning given by
  section 21 of the Interpretation Act 1978;

• 35“Environmental Impact Assessment Regulations” means the Town and
  Country Planning (Environmental Impact Assessment) Regulations
  2011 (S.I. 2011/1824S.I. 2011/1824) (or any regulations replacing them);

• “held” is to be construed in accordance with subsection (3) of this section
  (in the case of a reference to land or a building held by the nominated
  40undertaker);

• “highway” and “highway authority” have the same meanings as in the
  Highways Act 1980;

• “limits of deviation” means the limits of deviation which are shown on the
  deposited plans (which are the limits of deviation for the scheduled
  45works);

• “limits of land to be acquired or used” means the limits of land to be
  acquired or used which are shown on the deposited plans;

• “nominated undertaker” is to be construed in accordance with section 43;

• “non-unitary area” means an area for which there is both a district and a
  50county council;

High Speed Rail (London - West Midlands) BillPage 29

• “open space” means any land laid out as a public garden, or used for the
  purposes of public recreation, or land which is a disused burial ground;

• “owner”, in relation to any land, has the same meaning as in Part 1 of the
  Acquisition of Land Act 1981 (but this does not apply to Schedule 13,
  5which has its own definition);

• “Phase One of High Speed 2” has the meaning given by section 1(3);

• “Phase One purposes” is to be construed in accordance with section 62;

• “scheduled works” has the meaning given by section 1(2);

• “unitary authority” means—

  (a)

  10a county council, so far as its area is not part of the area of a
  district council,

  (b)

  a district council whose area is not part of the area of a county
  council, or

  (c)

  a London borough council;

• 15“utility undertaker” means—

  (a)

  a gas transporter within the meaning of Part 1 of the Gas Act
  1986,

  (b)

  the holder of a licence under Part 1 of the Electricity Act 1989,

  (c)

  a water undertaker or sewerage undertaker,

  (d)

  20a local authority (within the meaning of the Water Industry Act
  1991) which is a relevant authority for the purposes of section
  97 of that Act, or

  (e)

  the operator of an electronic communications code network
  (within the meaning given by paragraph 1(1) of Schedule 17 to
  25the Communications Act 2003).

(2) For the purposes of this Act, land or any other thing is within the Act limits if
it is—

(a) within the limits of deviation for the scheduled works, or

(b) within the limits of land to be acquired or used,

30and references to the doing of anything within the Act limits are to be
construed accordingly.

(3) References in this Act to land or a building held by the nominated undertaker
include references to land or a building in the nominated undertaker’s
temporary possession.

(4) 35For the purposes of this Act, development is covered by an environmental
assessment in connection with the High Speed Rail (London - West Midlands)
Bill if it is development in relation to which information contained in a
deposited statement constituted, at the time of the statement’s deposit or
publication, an environmental statement within the meaning of the
40Environmental Impact Assessment Regulations.

(5) In this Act—

(a) a reference to a highway or any other place identified by letters and
numbers is a reference to the highway or place shown as such on the
deposited plans;

(b) 45a reference to a work identified by numbers (or numbers and a letter) is
a reference to the scheduled work of those numbers (or those numbers
and letter);

(c) a reference to a sheet identified by numbers is a reference to the sheet
of those numbers contained in the deposited plans;